Legal notice
- By completing and submitting the registration form for LAT located at https://latreg.acer.edu.au/ You are offering to enter into a legal agreement with The Australian Council for Educational Research Ltd (ABN 19 004 398 145) (ACER).
- The TERMS AND CONDITIONS which will apply to Your application for registration and to Your registration to participate in LAT are contained in the LAT website, including this Legal Notice. The Terms and Conditions cover, amongst other things, Your sitting LAT, payment of the registration fee, refunds of fees, access to LAT preparation materials and release of LAT results.
- Before lodging Your Registration, You should make sure You understand fully and are familiar with the contents of this Website, including this Legal Notice.
- You may have legal rights and guarantees under 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 Website or Your registration for or participation in LAT involves a supply of goods or services to a consumer within the meaning given in the Australian Consumer Law, nothing contained in this Website excludes, restricts or modifies the application of any consumer guarantee provided in the Australian Consumer Law, 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.
- Subject to point 4:
- 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 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 participation (actual, potential, contemplated or cancelled for any reason whatsoever) in LAT; 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 the LAT and the accuracy of any information contained on this Website;
- To the fullest extent permitted at law, You acknowledge and accept that the entire risk of Your participation in LAT 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 and howsoever 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 LAT will guarantee You or secure for You a placement with an educational institution; or that You will be provided with Your LAT results (other than in strict accord with this Agreement).
- 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 and howsoever arising from or in connection with:
- Your registration for or participation (actual, potential, contemplated or cancelled) in the LAT; or
- Any breach by You of the terms and conditions of Your participation (actual, potential, contemplated or cancelled) in LAT. These releases and indemnities survive Your participation (actual, contemplated, potential or cancelled) in LAT 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 LAT 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 Website. ACER 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 https://lat.acer.org
- By completing and submitting the LAT registration form:
- You confirm that You have read in its entirety and accept the contents of this Website, including the Legal Notice.
- You confirm Your agreement with the terms and conditions contained on this Website.
- You acknowledge that You have been entitled to obtain legal advice concerning any matter covered on this Website, whether or not You have in fact sought any legal advice.
- You acknowledge and accept that this Website contains the entire agreement between You and ACER concerning Your participation in the LAT and that no matter, information or representation not expressly contained on this Website has induced You or had any bearing on You to seek registration for LAT.
- You accept and unconditionally undertake to strictly comply with the terms and conditions contained on this Website.
- You acknowledge and accept that Your agreement with ACER will be governed by the laws of the State of Victoria, Australia.
- You submit to the jurisdiction of the Courts chosen by ACER and any of the Courts of Appeal therefrom to determine any dispute (whether as to the interpretation of Your 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 by ACER or its authorised nominee.