ACER Scholarship Tests
Terms and conditions for test candidates, parent or guardian

 

Legal Agreement

  1. By You the Candidate and Your parent or guardian completing and submitting the registration for your participation in the ACER Scholarship Test Program and to sit the test, You and Your parent or guardian are offering to enter into a legal agreement with The Australian Council for Educational Research Ltd (ABN 19 004 398 145) (ACER) with Your parent or guardian guaranteeing Your performance of that legal agreement, which commences when ACER accepts Your application.
  2. That legal agreement will consist of:
    1. the entire contents of the website Home - Scholarships - ACER (Website);
    2. this Legal Notice; and
    3. the online declaration You and Your parent or guardian make when submitting Your application to undertake the ACER Scholarship Test (the Agreement).
  3. The Agreement covers, among other things, You sitting the ACER Scholarship Test, payment of the application fee, refunds of fees, access to ACER exam preparation materials and release of the results.
  4. Before lodging Your application, You should make sure You understand fully and are familiar with all contents of the Agreement as specified above.

 

Exam rules and misconduct: Overview

The ACER Scholarship Test is a high-stakes test and as such, the rules must be strictly adhered to. Candidates are required to agree to these rules as part of the application process.

Candidates are not permitted to bring the following items into the test venue:

  • mobile phones
  • smart watches
  • calculators
  • translation devices or dictionaries
  • headphones
  • recording devices of any kind
  • notebooks or additional paper

Any unpermitted items brought into the exam will be confiscated.

 

Specific cases of misconduct include, but are not limited to:

  • Attempting to access knowledge (written or verbal) of any test materials ahead of sitting the test
  • Viewing any online or pre-prepared materials during the test (including breaks)
  • Copying, or attempting to copy, other candidates' responses to test materials
  • Candidates sharing their responses to test materials with other candidates
  • Discussing test content with tutoring companies, coaching colleges, or other candidates
  • Photographing or filming inside or outside the test venues
  • Sharing any details of the test to social media
  • Disruptive or aggressive behaviour by candidates or families to test centre staff, or other candidates or families in or around test venues on the test day
  • Families or candidates not leaving the test venue when instructed to do so

 

Misconduct may result in a candidate:

  • being unable to sit the test, or being removed from the test
  • having their application cancelled and results being withheld or cancelled

 

Exam rules and misconduct: Detail

  1. Without limiting the foregoing, both You and Your parent or guardian acknowledge that misconduct has serious consequences including disqualification from undertaking the ACER Scholarship Test in the future.
  2. Misconduct includes, but is not limited to:
    1. the use of information relating to the test questions for purposes other than Your sitting of the ACER Scholarship Test;
    2. giving false or misleading information at any stage regarding participation in the SEHS ACER Scholarship Test; and
    3. infringing “ACER” trademarks, copyright or other intellectual property rights. Infringement may consist of:
      1. infringement of the “ACER” trademarks. Trademark infringement includes performing any act which only a trademark owner or a person authorised by the trademark owner may do;
      2. 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;
    4. in any way breaching (as determined by ACER in its absolute discretion) any of the terms and conditions of Your application to participate in the ACER Scholarship Test;
    5. not following:
      1. any instructions issued by ACER from time to time regulating Your sitting of the ACER Scholarship Test; or
      2. the Test Day Instructions, meaning any instructions issued by ACER, supervisors or venue staff; and
    6. infringement of any rights (including but not limited to intellectual property rights) whatsoever relating to or subsisting in the ACER Scholarship Test or any part or element of it, including but not limited to the concept, structure, administration or conduct of the ACER Scholarship Test or related materials prepared or published by or on behalf of ACER; and
    7. any act or omission by You which ACER, in its absolute discretion, renders You to be unfit to participate in the ACER Scholarship Test, whether or not You are registered to participate at the time of ACER’s determination. This Includes inappropriate, abusive or aggressive behaviour or communication in any form with the ACER support team, supervisors or venue staff.

 

        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.

 

Results and withholding of results

  1. The ACER Scholarship Test is a selection tool. The results are used in respect to offers for scholarship by any Schools who use ACER products and may not be used or relied on for any other purpose.
  2. You will only receive Your ACER Scholarship Test results if You and Your parent or guardian have complied with the ACER policies and procedures and the Agreement governing Your participation.
  3. Your results may be withheld or cancelled if ACER learns, either on or after the test day, that You have violated the ACER policies and procedures or any other aspect of the Agreement. Even if ACER cannot confirm Your direct involvement in the breach of policies and procedures Your ACER Scholarship Test results may be withheld or cancelled if ACER has reason to question the validity of Your results or if ACER has reasonable basis for believing You may have been involved in a breach of the Agreement.
  4. Examples of when the validity of the ACER Scholarship Test results may be challenged include:
    1. intended or unintended exposure to ACER Scholarship Test content*;
    2. contradictory performance on different parts of the ACER Scholarship Test;
    3. abnormal answer patterns in the ACER Scholarship Test; and
    4. atypical performance over different ACER Scholarship Test components.

                 * If You attend a coaching course where You are exposed to questions that appear in the ACER Scholarship Test, You risk having Your    ACER Scholarship Test results withheld.

 

Cancellation of the ACER Scholarship Test

Whilst ACER will make every effort to ensure the ACER Scholarship 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 School in question.

 

  1. Any request for a refund must be in writing via email (scholarships@acer.org) and received by ACER prior to the registration close date. There will be no refunds after the close date.
  2. A refund request for registration fees made prior to the close of registration date will incur an administration fee of $60. Refund requests made after the close of registration date will not be refunded unless a reasonable excuse is submitted such as illness and a medical certificate is supplied by a relevant Doctor or Hospital. Any request for refund must be in writing via email (scholarships@acer.org) and received by ACER and the school within 2 business days following the Scholarship Test date It is at the discretion of the school applied to if any additional fees paid will be refunded. During peak times it may take ACER up to two weeks to process refund requests.

 

Your legal rights

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 the Agreement or Your application for or participation in the ACER Scholarship Test involves a supply of goods or services to a consumer within the meaning given in those laws, nothing contained in the Agreement excludes, restricts or modifies the application of any consumer guarantee provided in those laws, the exercise of any right or remedy in respect of, or the imposition of any liability for the failure to comply with any relevant guarantee.

 

Disclaimer

Subject to Your Legal Rights specified directly above;

 

  1. 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 whatsoever for any loss or damage whatsoever and howsoever arising in connection with or resulting from Your:
    1. participation (actual, potential, contemplated or cancelled for any reason whatsoever) in the ACER Scholarship Test; and
    2. test results; including, but not limited to, any representations made by ACER or its personnel (including agents, subcontractors and consultants) in respect of the ACER Scholarship Test and the accuracy of any information contained on the website (Home - Scholarships - ACER) and application portal ACER Scholarships);
  2. to the fullest extent permitted at law, You acknowledge and accept that the entire risk of participation in the ACER Scholarship Test is assumed by You and Your parent or guardian and that ACER will have no liability whatsoever to You or Your parent or guardian for:
    1. any loss, harm, damage, cost or expense (including legal fees); or
    2. 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 and howsoever arising.
  3. You acknowledge and accept that, to the fullest extent permitted at law, ACER gives NO WARRANTY or guarantee and makes no representation whatsoever that applying for or sitting the ACER Scholarship Test will:
    1. guarantee You or secure for You a scholarship with a Participating school; or
    2. that You or Your parent or guardian will be provided with Your ACER Scholarship Test results (other than in strict accord with the Agreement).

 

Limitation

In the event that any law implies terms or guarantees into the offering or conduct of the ACER Scholarship 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 on the website. However, from time to time, due to changed circumstances ACER may need to change the arrangements concerning the administration of the ACER Scholarship Test and ACER (without amending Your legal obligations or remedies) reserves the right to alter or amend any detail contained on the Website in its absolute and unqualified discretion. Any alteration or amendment will take effect immediately upon publication of the alteration or amendment on Home - Scholarships - ACER 

 

Declaration

By completing and submitting the ACER Scholarship Test application, You:

  1. confirm that You have read in its entirety and accept the contents of the Agreement, as specified above;
  2. confirm Your agreement with the terms and conditions contained on the application portal and the online declaration
  3. acknowledge that You have been entitled to obtain legal advice concerning any aspect of the Agreement, whether or not You have in fact sought any legal advice;
  4. acknowledge and accept that the Website and the online declaration contains the entire agreement between You, Your parent or guardian and ACER concerning Your participation in the ACER Scholarship Test and that no matter, information or representation not expressly contained on the Website and the online declaration has induced You or had any bearing on You to seek registration for the ACER Scholarship Test;
  5. accept and unconditionally undertake to strictly comply with the terms and conditions contained on the Website and the online declaration;
  6. acknowledge and accept that Your agreement with ACER will be governed by the laws of the State of Victoria, Australia; and
  7. to determine any dispute (whether as to the interpretation of Your and Your parent or guardian’s agreement with ACER, or any matter concerning performance or compliance of the Agreement or otherwise) or to determine any claims brought or made against You or Your parent or guardian by ACER or its authorised nominee, You and Your parent or guardian submit to the exclusive jurisdiction of the Courts and any of the Courts of Appeal therefrom as the courts of the State of Victoria, Australia.