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Terms and conditions

This agreement ('User Agreement') is between The Australian Council for Educational Research Ltd (ABN: 19 004 398 145) ('ACER') and users of this ACER owned and operated Website known as ACER Certificates ('Website').

The Website at https://academy.acer.edu.au provides for skill assessment and certification ('Services')

In consideration of the use of the Website users of the Website ('Users') agree to the terms and conditions contained in this User Agreement.

You as a User of this website ('User') are put on notice that:

  1. The terms and conditions of the User Agreement apply to the use of materials contained and Services provided on this website;
  2. By using this Website, User agrees to be bound by these terms and conditions;
  3. If User does not accept these terms and conditions, User must refrain from using this Website;
  4. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website;
  5. ACER advises the User to obtain independent legal advice before entering into this User Agreement to be fully aware of its effects.

Terms and Conditions

  1. General
    1. ACER may amend the Website and its contents are the property of ACER or its third party licensors.
    2. The User Agreement and its terms and condition, including disclaimers from time to time. In that event ACER will notify Users via its website. Should User use or continue to use the Website User agrees that such use is subject to the User Agreement including as amended from time to time.
    3. Each time User uses the Website User should familiarise itself with the contents of the User Agreement.
    4. A Member (see clause 3) may only be a school established or registered as a school under relevant Australian state government legislation (School User) under whose Membership students of that Member (Student User) may register to receive the benefit of the Services.
  2. Usage
    1. ACER retains the right in its sole and absolute discretion to suspend or cancel any user account, User’s access to the Website and/or this Website.
    2. Use of this Website is restricted to Users of the Services.
    3. No part of this website or its contents may be distributed, used or copied for any purpose (commercial or otherwise) or financial gain.
    4. Use of the Website and Services requires internet access which may be affected by factors beyond the control of ACER. Any access to the internet and storage of data on servers may involve risks which, as far as possible ACER will try to limit, however it cannot guarantee absolute access and security; and
    5. ACER does not guarantee the uninterrupted access to the Website or Services as their servers (or the servers of third parties which ACER may engage to provide the whole or part of the Website or Services), including connections to its online server, because these may be dependent upon third -party networks and security measures over which ACER has no control or which may be subject to maintenance, upgrades or other interruptions to access. However, ACER, to the extent within its control, will try to minimise disruption to User.
  3. School Users and Membership
    1. School Users agree:
    2. In order to be able for it and its students to access the Services offered on this Website, School Users must become members;
    3. To become a member, School User must complete the registration details in the manner described on the Website. Upon registration, Member will be provided with a password and account designation. ('Member');
    4. ACER reserves the right to terminate Membership at any time if a Member or Student User breaches these terms and conditions; and
    5. to ensure that Member and Students User's registration details are true and accurate at all times. Specifically, School User must notify ACER of any change to the registration details as originally supplied as soon as practicable.
    6. to read and implement the recommendations contained in ‘ACER Certificates School Participation Guide’ for maximum benefit to result from the use of the Services.
  4. Users
    1. Users agree:
    2. to complete the registration details in the manner described on the Website under the Student User registration. Following registration, Student User will be provided with a password and account designation;
    3. to pay for the Services offered via this Website in the manner specified on this Website;
    4. ACER reserves the right to terminate use at any time if a User breaches these terms and conditions; and
    5. to ensure that Student User's registration details are true and accurate at all times. Specifically, they must notify ACER of any change to their registration details as originally supplied as soon as practicable.
    6. not to give false or misleading information.
  5. Ordering of Services
    1. User may offer to purchase the Services for the price specified on the registration page for the Services on this Website by completing an order for Services contained on that page.
    2. By completing an order User agrees to any terms and conditions of purchase specified in this Website concerning the Services.
    3. User's order must contain User's name, email address, credit card details and any other ordering information specified on this Website.
    4. Within seven days of receipt of User's order, ACER will at its discretion accept or reject User's offer to purchase.
    5. User may not cancel an order once it has been submitted, even if ACER's acceptance or rejection of User's offer is still pending.
    6. Acceptance of a User's offer means User will use the Services in accordance with this User Agreement and any terms and conditions referred to in clause 4.1 above.
    7. ACER is not required to give reasons for rejecting an offer to purchase.
    8. If ACER rejects Users offer to purchase the goods for any reason, neither party will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
    9. If ACER has not responded to you within seven days, User's offer will be deemed to be accepted.
    10. ACER gives no undertaking as to the availability of services advertised on this Website.
    11. Delivery of the Services to you may be effected in the manner described on this Website.
  6. Intellectual Property
    1. All intellectual property contained in this Website or its contents including copyright, neighbouring rights, all rights in relation to inventions (including patents), computer code or algorithms, circuit layouts, registered and unregistered trade marks (including service marks), designs, the right to have confidential information kept confidential, know how, trade secrets and all other rights of intellectual property resulting from intellectual activity in the industrial, scientific, research, literary or artistic fields remains the property of ACER or its related corporations (as defined in the Corporations Act 2001(Cth)) or ACER's third party licensors and any unauthorised use thereof is strictly prohibited. Use of any content of this Website and/or software for anything other than the Services is expressly forbidden without the prior written permission of ACER or its third party licensors. Any rights not expressly granted herein are reserved. In particular, material on this Website, including text and images, is protected by copyright. Such material may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except by a User for the Services.
    2. ACER is a registered trade mark of The Australian Council for Educational Research Ltd (ABN: 19 004 398 145) of 19 Prospect Hill Road, Camberwell, Victoria Australia 3124 and its related corporations. All rights reserved.
    3. Nothing on this Website shall be construed as conferring any licence in respect of any of ACER or its related corporations or any third party’s intellectual property rights, whether by estoppel, invitation or otherwise.
    4. User warrants that User shall not use this Website and/or its contents in any manner that infringes the copyright or any other intellectual property right of any other person or entity.
    5. This clause six shall survive any termination or expiration of this User Agreement.
  7. Confidentiality
    1. No unsolicited, confidential or proprietary information is to be sent to ACER or its related corporations through this Website. Any unsolicited confidential or proprietary information sent to ACER through the Website will not be deemed confidential. ACER makes no representation, gives no warranty or guarantee, or agrees that any such unsolicited confidential or proprietary information will be treated as confidential, made secure or in any way will ACER be responsible for any such material or information. By forwarding any unsolicited confidential or proprietary information through this Website the User is granting ACER and its related corporations an unrestricted licence to use any such materials and information in any manner or way it deems fit.
    2. The contents of this Website and data it contains is confidential information to be used by the User only for the Services. The contents and data contained in this website are supplied by persons or entities who wish to remain anonymous. The User agrees to take all reasonable action to protect the confidentiality of the data and the identities of the persons and/or entities that contributed the data and not do anything that may place such confidentiality at risk.
    3. This clause seven shall survive any termination or expiration of this User Agreement
  8. Privacy
    1. ACER is subject to the Privacy Act 1988 (Cth) (the Act) and will handle any personal information including sensitive information as defined by the Act (Personal Information) that User or User's students, staff or other persons who use a Service under the User's membership supply to ACER by virtue of its use of this Website or the Services in accordance with;
    2. the Act;
    3. the Australian Privacy Principles contained in the Act; and
    4. ACER's privacy policy locatable at http://www.acer.edu.au/privacy
    5. Member agrees and acknowledges:
    6. that it has or will comply as soon as practicable with the notification requirements of Australian Privacy Principle 5 in respect of ACER's collection of User's Personal Information as if it were ACER; and
    7. that it consents and has obtained the consent of its personnel and students for it to disclose their Personal Information to ACER in accordance with the Act and any applicable privacy laws.
    8. Member warrants:
    9. that it has complied with clause 8.2 above;
    10. that it has due consent under any applicable privacy laws to: disclose individuals' Personal Information to ACER; and, in particular the consent specified in clause 8.2.2 above; and
    11. it has complied with all applicable privacy laws in respect of its collection, use, storage and disclosure of personal information related to its or its student's use of this Website and the Services it offers.
    12. This clause eight survives the expiration or earlier termination of this User Agreement.
  9. Publication
    1. Any publication, broadcast or dissemination of the ACER name, trademark and/or logo by the User in association with the Services or otherwise shall be at ACER’s sole and absolute discretion and the User shall notify ACER and seek permission to do such in writing not less than seven days prior to such publication, broadcast or dissemination.
  10. Disclaimers
    1. This Website contains information and links to other websites. ACER makes no representation, gives no warranty or guarantee in respect of the accuracy or completeness of the information contained in this Website or any linked website or that information contained in this Website or any linked website will be kept up to date, accurate and not misleading.
    2. Any link to an external website does not imply an endorsement of the views, information or product provided or held by any such website.
    3. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
    4. ACER does not accept responsibility for any loss damage, however caused (including through negligence), which User may directly or indirectly suffer in connection with your use of this Website or any linked web site, nor does ACER accept any responsibility for any such loss arising out of User's use of or reliance on information contained on or accessed through this web site;
    5. any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
    6. and except in relation to liability for personal injury (including sickness and death), ACER does not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by User or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this Website or respect of any failure or omission on ACER's part to comply with ACER's obligations as set out in these terms and conditions.
    7. User acknowledges that:
    8. prior to entering into these terms and conditions User has been given a reasonable opportunity to examine and satisfy itself regarding all goods and services which are the subject of these terms and conditions and that prior to entering into these terms and conditions User has availed itself of that opportunity; and
    9. at no time prior to entering into these terms and conditions has User relied on ACER's skill or judgment and that it would be unreasonable for User to do so.
    10. The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
    11. Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
    12. this sub-clause 10.6 applies (excepting if you establish that reliance on it would not be fair and reasonable) in respect of any of the goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption;
    13. liability for breach of a guarantee conferred by the Australian Consumer Law, other than those conferred by ss 51–53(inclusive) of that law, is limited:
      1. in the case of goods, to any one of the following as determined by ACER:
      2. the replacement of the goods or the supply of equivalent goods; or
      3. the repair of the goods; or
      4. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      5. the payment of the cost of having the goods repaired;
      6. in the case of services, to any one of the following as determined by ACER:
      7. the supplying of the services again; or
      8. the payment of the cost of having the services supplied again.
  11. Jurisdiction
    1. This User Agreement is governed by the laws of the State of Victoria, Australia and the courts of the State of Victoria, Australia shall have exclusive jurisdiction.
  12. Severability
    1. If any clause of this User Agreement be invalid, it shall be severed so as to preserve the balance of this User Agreement, and terms being reasonable and conducive to business efficacy shall so be implied.
  13. Indemnities
    1. The User irrevocably and unconditionally indemnifies and agrees to keep indemnified ACER and its respective, officers, employees, and consultants from and against any and all liability loss harm damage cost or expense, including legal fees, which ACER may suffer or sustain as a result of any act or omission of the User or any of its officers employees consultants have done or omitted to be done in connection with this User Agreement, except to the extent that the liability loss harm damage cost or expense arises from ACER’s negligent or unlawful acts or omissions. This clause shall survive any termination or expiration of this User Agreement

Privacy Statement

User obligations

PLEASE NOTE: Members of this Website agree, under clause 8 of the User Agreement, to comply with privacy laws and more specifically some aspects of the Privacy Act 1988 (Cth).

General

In the course of an educational institution, it’s personnel or students using this website or the services offered by it The Australian Council for Educational Research Ltd (ABN 19 004 398 145) (“ACER”) ACER may collect their personal information. Personal information is that information or opinion that tends to identify a particular individual such as name and date of birth.

ACER will only collect, store, use and disclose such personal information for the purposes of administering this website and providing the services offered by it and direct marketing as specified below (the Purpose).

If users do not provide their personal information a user may not be able to register to become a member or receive the benefit of the services offered by this website.

Disclosure of personal information

ACER may disclose your personal information to:

a) to ACER contractors assisting ACER in providing this website or the services offered by it;

b) to relevant educational bodies for the Purpose connected with the Services utilised by User;

c) to ACER professional advisors; and

e) where ACER is required to do so by law, to government agencies, or individuals appointed by government,.

Overseas transfer of personal information

ACER will not transfer Users’ personal information outside of Australia.

Research

De-indentified data resulting from individuals undertaking the organisational assessments may be used by ACER for research purposes.

Direct Marketing

By ticking the consent box on the ‘Enrol your child’ or ‘Enrol your school’ page you consent to ACER using your personal information for direct marketing purposes in relation to goods and services related to your use of this website.

User rights

ACER will abide by the Privacy Act 1988 (Cth).

Users have the right to:

  1. inspect their personal information;
  2. request amendment of their personal information; and
  3. make complaint in respect of a breach of their privacy.

To exercise any or all of the above rights please review ACER’s privacy policy locatable at: https://www.acer.edu.au/privacy which sets out the processes of how you may attend to the same.