By completing and submitting the registration form for the ISAT in 2023 located at https://isat.acer.org , You are offering to enter into a legal agreement with the Australian Council for Educational Research Ltd (ABN 19 004 398 145) (ACER). That legal agreement is concluded when ACER accepts your registration.
That legal agreement will consist of:
the entire contents of this Test takers Information Booklet, including its Legal Notice ("the Booklet)";
any instructions issued by ACER from time to time regulationg test takers' sitting of the ISAT 2023;
the Test Day Instructions, meaning any instructions issued by ACER, or a Proctor on a sitting day; and
the online legal declaration you complete ("the Legal Agreement")
The Legal Agreement:
covers, amongst other things, Your sitting the ISAT 2023, payment of the registration fee, refunds of fees, access to ISAT preparation materials and release of the ISAT 2023 results; and
may vary from sitting to sitting of ISAT 2023 and, therefore, you should re-familiarise with each part of the Agreement detailed above before each sitting of ISAT 2023.
Before lodging Your Registration, You should make sure You understand fully and are familiar with the contents of this Booklet, including this Legal Notice and the online declaration. Without limiting the foregoing, you acknowledgethat misconduct, as defined in this Booklet, has serious consequences which may include disqualification from undertaking ISAT in the future. “Misconduct” includes, but is not limited to, the use of information relating to the test questions for purposes other than Your sitting of the ISAT; giving false or misleading information at any stage regarding your participation in ISAT; and infringing “ACER” or “ISAT” trademarks, copyright or other intellectual property rights.
Misconduct also includes:
infringement of the “ACER” or “ISAT trademarks. Trade mark infringement includes performing any act which only a trade mark owner or a person authorised by the trade mark owner may do infringement of copyright.
Copyright infringement includes: performing those rights or authorising the performance of those rights which are granted at law exclusively to the copyright owner. These rights include the exclusive right to reproduce the copyright work in a material form and to communicate that work to the public;
in any way breaching (as determined by ACER in its absolute discretion) any of the terms and conditions of
your registration to participate in the ISAT test; or
your purchase of any ISAT preparation materials
infringement of any rights (including but not limited to intellectual property rights) whatsoever relating to or subsisting in the ISAT test or any part or element of it, including but not limited to the concept, structure, administration or conduct of the ISAT test, the ISAT trademark and any ISAT preparation materials prepared or published by or on behalf of ACER or the user universities;
using, accessing, or employing any form of Artificial Intelligence during the ISAT. This includes, but is not limited to, using AI-powered devices, software applications, or any other tools that may assist in answering questions, solving problems, or providing information related to ISAT content. You are required to personally engage with the ISAT content and respond to questions without the assistance of AI technology. Any attempt to use AI for answering, analysing, or generating responses is a breach of the Legal Agreement. For the purposes of the Legal Agreement, "Artificial Intelligence” or “AI” refers to any technology, software, algorithm, or system that simulates human-like cognitive processes, including but not limited to machine learning algorithms, neural networks, and automated decision-making systems; and
any act or omission by You which ACER, in its absolute discretion, renders You to be unfit to participate in any ISAT test, whether or not You are registered to participate at the time of ACER’s determination inappropriate, abusive or aggressive behaviour or communication in any form with the ISAT office, proctors/supervisors oruniversity representatives.
You are advised that except as expressly provided at law, there is no right to challenge, appeal or seek review of any determination by ACER that misconduct has occurred or in relation to any consequences imposed by ACER for any misconduct.
Withholding of results - You will only receive your ISAT test scores if you have complied with the ISAT test policies and procedures and the Legal Agreement governing Your participation. Your scores may be withheld or cancelled if ACER learns, either on or after the test day, that You have violated the ISAT test policies and procedures or any other aspect of the Legal Agreement. Even if ACER cannot confirm your direct involvement in the breach of policies and procedures, your ISAT test scores may be withheld or cancelled if ACER has reason to question the validity of your scores or if ACER has reasonable basis for believing You may have been involved in a breach of these terms and conditions.
Examples of when the validity of ISAT test scores may be challenged are: * If You attend a coaching course where you are exposed to questions that appear in the ISAT test, you risk having your ISAT test scores withheld.
intended or unintended exposure to ISAT test content*
contradictory performance on different parts of the ISAT test
abnormal answer patterns in the ISAT test
atypical performance over different ISAT test sittings. * If you attend a coaching course where you are exposed to questions that appear in the ISAT test, you risk having your ISAT test scores withheld.
Whilst ACER will make every effort to ensure the ISAT Online test will run as scheduled, we make no guarantees, given any event outside of ACER’s control such as a pandemic or epidemic. If for any reason the test is cancelled, ACER will notify test takers via email. Any such cancellations will be at the discretion of ACER and the ISAT user universities.
You may have legal rights and guarantees under certain laws including the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time). If the publication of this Booklet or Your registration for or participation in the ISAT 2023 test involves a supply of goods or services to a consumer within the meaning given in those laws, nothing contained in this Booklet excludes, restricts or modifies the application of any consumer guarantee provided in those laws, the exercise of any right or remedy inrespect of, or the imposition of any liability for the failure to comply with any relevant guarantee.
Subject to point 9:
The ISAT test is a selection tool used by certain educational institutions and Your results in respect of ISAT may not be used or relied on for any other purpose;
To the maximum extent permissible by law (and for the avoidance of doubt, subject to any guarantees, rights, remedies or obligations which cannot be excluded, restricted or modified under certain laws including the Australian Consumer Law), ACER expressly, irrevocably and totally disclaims any liability whatsoeverfor any loss or damage whatsoever and howsoever arising in connection with or resulting from: Your participation (actual, potential, contemplated or cancelled for any reason whatsoever) in ISAT; and Your test results, including, but not limited to, any representations made by ACER or its personnel (including agents, subcontractors and consultants) in respect of ISAT and the accuracy of any information contained in this Booklet;
To the fullest extent permitted at law, You acknowledge and accept that the entire risk of Your participation in ISAT is assumed by You and that ACER will have no liability whatsoever to You for any loss, harm, damage, cost or expense (including legal fees) or any direct, special, indirect, incidental, punitive or consequential loss or damage (including, without limitation, economic loss, loss of contract, profit, revenue, income, opportunity, goodwill, information, anticipated savings, business relationships, production or data) whatsoever andhowsoever arising;
You acknowledge and accept that, to the fullest extent permitted at law, ACER gives NO WARRANTY or guarantee and makes no representation whatsoever that: registering for or sitting the ISAT test will guarantee You or secure for You a placement with an educational institution; or that You will be provided with Your ISAT results (other than in strict accord with this Agreement).
Subject to Australian Consumer Law and, otherwise to the fullest extent permitted at law, You release and fully indemnify ACER, its officers, employees and agents from and against all claims, liabilities, costs, demands and expenses whatsoever caused by you and howsoever arising from or in connection with:
Your registration for or participation (actual, potential, contemplated or cancelled) in the ISAT test; or
Any breach by You of the Legal Agreement governing Your participation (actual, potential, contemplated orcancelled) in the ISAT test.
Any misconduct by you in relation to the ISAT and any sanction imposed by ACER as a consequence of Your misconduct. These releases and indemnities survive Your participation (actual, contemplated, potential orcancelled) in the ISAT test and whether or not You are offered or accept a placement with any educational institution for any course whatsoever.
In the event that any law implies terms or guarantees into the offering or conduct of the ISAT test which cannot be lawfully excluded, restricted or modified, such terms or guarantees will apply, save that the liability of ACER for breach of any such term or guarantee will, to the extent legally permitted, be limited to the refund of the price paid for any relevant goods or services.
ACER has made every effort to ensure the accuracy of the information provided in this Booklet. However, from time to time, due to changed circumstances ACER may need to change the arrangements concerning the administration of the ISAT test and ACER (without amending your legal obligations or remedies) reserves the right to alter or amend any detail contained in the Booklet in its absolute and unqualified discretion. Any alteration or amendment will take effect immediately upon publication of the alteration or amendment on https://isat.acer.org/.
By completing and submitting the ISAT registration form:
confirm that You have read in its entirety and accept the contents of this Booklet, including the Legal Notice and the online declaration.
confirm Your agreement with the Legal Agreement governing Your participation in ISAT.
acknowledge that You have been entitled to obtain legal advice concerning any matter covered in this Booklet, whether or not You have in fact sought any legal advice.
acknowledge and accept that the Legal Agreement and the online declaration contains the entire agreement between You and ACER concerning Your participation in the ISAT test in 2023 and that no matter, information or representation not expressly contained in the Legal Agreement has induced You or had any bearing on You to seek registration for the ISAT test in 2023.
accept and unconditionally undertake to strictly comply with the Legal Agreement governing Your participation.
acknowledge and accept that the Legal Agreement with ACER will be governed by the laws of the State of Victoria, Australia.
agree that to determine any dispute (whether as to the interpretation of the Legal Agreement, or any matter concerning performance or compliance with the Legal Agreement or otherwise) or to determine any claims brought or made against You by ACER or its authorised nominee, you submit to the exclusive jurisdiction of the Courts and any of the Courts of Appeal therefrom the courts of the State of Victoria, Australia.