Legal notice

1. By completing and submitting the registration form for the GAMSAT in 2024 located at https://gamsat.acer.org you are offering to enter into a legal agreement with The Australian Council for Educational Research Ltd (ABN 19004 398 145) (ACER). That legal agreement is concluded when ACER accepts your registration.
2. That legal agreement will consist of:
   1. the entire contents of this Information Booklet, including its Legal Notice (“the Booklet”);
   2. any instructions issued by ACER from time to time regulating test takers’ sitting of GAMSAT;
   3. the Test Day Instructions, meaning any instructions issued by ACER, a Supervisor or a Proctor on a sitting day; and
   4. the online legal declaration you complete. (“the Legal Agreement”)

The Legal Agreement:

• covers, amongst other things, your sitting GAMSAT in March and/or September 2024, payment of the registration fee, refunds of fees, access to GAMSAT preparation materials and release of the GAMSAT results; and
• may vary from sitting to sitting of GAMSAT 2024 and, therefore, you should re-familiarise with each part of the Legal Agreement detailed above before each sitting of GAMSAT 2024.

3. Before lodging your Registration, you should make sure you understand fully and are familiar with the contents of the Legal Agreement, including this Legal Notice and the online declaration. Without limiting the foregoing, you acknowledge that misconduct, as defined in this Legal Agreement, has serious consequences including disqualification from undertaking GAMSAT 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 GAMSAT; giving false or misleading information at any stage regarding your participation in GAMSAT; and infringing “ACER” or “GAMSAT” trademarks, copyright or other intellectual property rights.

4. Misconduct also includes:
   1. infringement of the “ACER” or  “GAMSAT 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;
   3. in any way breaching (as determined by ACER in its absolute discretion) any of the terms and conditions of;
      1. your registration to participate in GAMSAT; or
      2. your purchase of any GAMSAT preparation materials
   4. infringement of any rights (including but not limited to intellectual property rights) whatsoever relating to or subsisting in GAMSAT or any part or element of it, including but not limited to the concept, structure, administration or conduct of the GAMSAT test, the GAMSAT trademark and any GAMSAT preparation materials prepared or published by or on behalf of ACER or the user universities; and
   5. plagiarism referring to the act of presenting someone else's work, ideas, thoughts, expressions, or creations as one's own and involves copying, reproducing, paraphrasing, or closely imitating another person's work, whether in whole or in part, and submitting it as original work for assessment, evaluation, or any other purpose. In the context of examinations, plagiarism includes, but is not limited to verbatim copying: directly reproducing words, phrases, sentences, paragraphs, or any other textual content from a source without using quotation marks or appropriate citation;
   6.  using, accessing, or employing any form of Artificial Intelligence during the GAMSAT. 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 GAMSAT content. You are required to personally engage with the GAMSAT 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
   7. any act or omission by you which ACER, in its absolute discretion, renders you to be unfit to participate in any GAMSAT, whether or not you are registered to participate at the time of ACER’s determination. Including inappropriate, abusive or aggressive behaviour or communication in any form with the GAMSAT office, proctors/supervisors or university representatives.

   If you are found to have engaged in misconduct (including that specified above) concerning any aspect of your engagement with ACER connected with your participation in the test, you will be subject to a sanction. A sanction may include cancellation of your registration without any refund, the withholding of your test results or disqualification to sit the test in the future;

   If a sanction is applied:

   • the imposition of the sanction may be reported to any relevant educational institution;
   • it will be applied after the time ACER became aware of the misconduct and will not be backdated;
   • the misconduct specified above may constitute criminal offences under the Commonwealth, Victoria or your local law, for example, Section 83A of the Crimes Act 1958 (Vic), Section 144.1 of the Criminal Code Act 1995 (Cth). In which case the relevant misconduct may be reported to the appropriate law enforcement authorities for
     prosecution;
   • if ACER has suffered any loss, damage or expense as a result of the misconduct it may proceed for recovery under civil law; and
   • ACER does not provide any appeal process in respect of the imposition of a sanction and will not engage with any request concerning such.

     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.

5. Withholding of results - you will only receive your GAMSAT scores if you have complied with the GAMSAT 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 GAMSAT 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 GAMSAT 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.
6. Examples of when the validity of GAMSAT scores may be challenged are:
   1. intended or unintended exposure to GAMSAT content*
   2. contradictory performance on different parts of the GAMSAT
   3. abnormal answer patterns in the GAMSAT
   4. atypical performance over different GAMSAT sittings.

      *If you attend a coaching course where you are exposed to questions that appear in the  GAMSAT, you risk having your GAMSAT scores withheld.

7. Whilst ACER will make every effort to ensure the GAMSAT 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 GAMSAT user universities.
8. 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 GAMSAT in 2024 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 in respect of, or the imposition of any liability for the failure to comply with any relevant guarantee.
9. Subject to point 7:
   1. the GAMSAT is a selection tool used by certain educational institutions and your results in respect of GAMSAT may not be used or relied on for any other purpose;
   2. 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 participation (actual, potential, contemplated or cancelled for any reason whatsoever) in GAMSAT; 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 GAMSAT and the accuracy of any information contained in this Booklet;
   3. to the fullest extent permitted at law, you acknowledge and accept that the entire risk of your participation in GAMSAT 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;
   4. 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 GAMSAT test will guarantee you or secure for you a placement with an educational institution; or that you will be provided with your GAMSAT results (other than in strict accord with this Legal Agreement). Your registration for or participation (actual, representation whatsoever that: registering for or sitting GAMSAT will guarantee you or secure for you a placement with an educational institution; or that you will be provided with your GAMSAT results (other than in strict accord with this Legal Agreement).
10. Subject to the 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:
    1. your registration for or participation (actual, potential, contemplated or cancelled) in GAMSAT; or
    2. any breach by you of the terms and conditions of your participation (actual, potential, contemplated or cancelled) in GAMSAT; or
    3. any misconduct by you in relation to GAMSAT and any sanction imposed by ACER as a consequence of your misconduct. These releases and indemnities survive your participation (actual, contemplated, potential or cancelled) in GAMSAT and whether or not you are offered or accept a placement with any educational institution for any course whatsoever.
11. In the event that any law implies terms or guarantees into the offering or conduct of the GAMSAT 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.
12. Upon a test taker registering for the GAMSAT (the Test) it is agreed that the test taker is a bona fide candidate for the Test. This includes, there is no apparent conflict of interest between the test taker taking the Test for the purposes for which the Test is administered and any personal affiliation of the Test Taker. For example, if the test taker has an affiliation with a coaching or preparation provider for the Test a conflict of interest may be apparent. In those circumstance ACER reserves the right to refuse or cancel a relevant registration. ACER does not transfer registrations for the GAMSAT from registered test takers to third parties.
13. 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 GAMSAT 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://gamsat.acer.org/.
14. By completing and submitting the GAMSAT registration form you:
    1. confirm that you have read in its entirety and accept the contents of this Booklet, including the Legal Notice and the online declaration;
    2. confirm your agreement with the Legal Agreement governing your participation in GAMSAT;
    3. acknowledge that you have been entitled to obtain legal advice concerning any matter covered in the Legal Agreement, whether or not you have in fact sought any legal advice;
    4. acknowledge and accept that the Legal Agreement and the online declaration contains the entire agreement between you and ACER concerning your participation in GAMSAT in 2024 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 GAMSAT in 2024;
    5. accept and unconditionally undertake to strictly comply with the Legal Agreement governing your participation;
    6. acknowledge and accept the Legal Agreement with ACER will be governed as follows:
       1. where your registration fee is paid in pounds Sterling (£/GBP), the laws of England & Wales; or
       2. where your registration fee is paid in Euros (€ /EUR), the laws of the Republic of Ireland; or
       3. in any other case or where your registration fee is paid in Australian dollars ($/AUD), the laws of the State of Victoria, Australia.
    7. agree that to determine any dispute (whether as to the interpretation of the Legal Agreement, or any matter concerning performance or compliance of the agreement or otherwise) or to determine any claims brought or made against you by ACER or its authorised nominee, you submit to the exclusive jurisdiction of the Courts and any of the Courts of Appeal therefrom as follows:
       1. where your registration fee is paid in pounds Sterling (£/GBP), the courts of England & Wales; or
       2. where your registration fee is paid in Euros (€ /EUR), the courts of the Republic of Ireland; or
       3. in any other case or where your registration fee is paid in Australian dollars ($/AUD), the courts of the State of Victoria, Australia.