Ownership
These Terms and Conditions (the “T&Cs”) apply to the Australian Council for Educational Research (India) [hereinafter “ACER India”] website (for brevity, the “Site”) located at https://www.acer.org/in. The Site is the sole property of ACER India.
You are encouraged to read and understand these T&Cs carefully and in entirety before continuing the use of this Site. By accessing the Site you accept these terms and conditions and you understand, agree and accept that you are legally bound by the T&Cs herein. IF YOU DO NOT AGREE WITH ANY OF THESE T&Cs, PLEASE DO NOT USE THIS SITE.
ACER India reserves the right, at its sole discretion, to change, modify, add or remove (collectively, the “Amendments”) portions of these T&Cs, at any time without any prior approval from you. Further, your continued use to ACER India’s Site signifies your agreement to any amended T&Cs.
Content
The content of this Site is for information / knowledge purposes only. However, in addition to the general information that it contains, information regarding the assessments, namely International Benchmark Test (IBT), International Schools’ Assessment (ISA) and Indian Progressive Achievement Skills (IPAS), as offered by ACER India, is also available. Inter alia, the Site also contains information about international education assessment, publications and resources.
Assessments, publications & resources and services (such as Professional Learning Workshop & Commissioned Services) shall collectively be referred to as “Products/Services”. However, the word “Products/Services” can neither be read nor deemed nor construed nor understood nor deciphered to mean “products/services for gain or profit”.
Although ACER India tries to ensure that all information and recommendations, whether in relation to the products, services, offerings or otherwise provided as part of this Site are correct at the time of inclusion on the Site, ACER India does not guarantee the accuracy of such information and recommendations. Further, ACER India makes no representations or warranties as to the completeness or accuracy of information and recommendations.
No legal liability or other responsibility is accepted by or on behalf of ACER India for any errors, omissions, or statements on this Site, or any site, to which these pages connect or may connect.
ACER India accepts no responsibility for any loss, damage or inconvenience caused as a result of reliance on such information.
Except as expressly provided in these T&Cs, no part of the Site and no content may be copied, republished, reproduced, publicly displayed, uploaded, posted, translated, transmitted or distributed in any way (by whatever name called) to any other computer, server, website or any other medium for publication or distribution or for any commercial enterprise, without ACER India’s express prior written consent.
Use of the Site
You understand, agree and accept that the purpose of this Site is not to secure ‘business in commercial sense’ in any form or kind, either directly or indirectly, or in any other manner by whatever name called. You further understand, agree and accept that the purpose of this site is to promote any one of the objects or all of them or any combination thereof, as named in Section 8 of the Companies Act, 2013.
You agree not to use any device, software or any other technology-based-tool to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You shall not use the Site or any content therein for any purpose that is unlawful or prohibited either by these T&Cs or by the governing laws of the country from where the Site is accessed. You shall also not use the Site to carry out any illegal activity or any other activity which infringes or may infringe the rights of ACER India or others.
Ordering Procedure
By completing and submitting an electronic order form, you are making an offer to purchase product(s).
Following receipt by ACER India of your order for a product(s) via the Site, you will receive an automated email confirming that your order has been received by ACER India. Please be informed that all orders will be subject to acceptance by us of your offer to purchase.
A legally binding agreement / contract shall not come into existence until ACER India has accepted your offer to purchase product(s) by sending you a separate order acceptance confirmation email, which will be effective upon sending an email to the email address that you have provided, and receiving payment for the Product(s) from yourself or your agent or an employee authorised by you to act on your behalf for the said purpose.
You are informed that in the following circumstances (any one or all or a combination thereof), your offer to purchase shall not be accepted by ACER India:
- Product(s) out of stock;
- Payment(s) not authorised;
- Order(s) cancelled by you; or
- Any other reason beyond the control of ACER India.
We will not be held liable if there is a delay in processing and / or delivery of the product(s).
ACER India reserves the right to decline any order without reason or explanation. Further, ACER India reserves the right to make alterations, modifications, additions or deletions to any information, including but not limited to price, of products/services, without giving a prior notice to the user of this Site.
You are informed that in case a particular product/services has its own terms and conditions, then those terms and conditions shall be in addition to these terms and conditions, and wherever, there are conflicting terms and conditions, product-specific terms and conditions shall prevail without prejudicing these terms and conditions.
Pricing
The products /services offered by ACER India can be availed by paying Fee quoted in Indian Rupee (INR) on the Site, which is inclusive of applicable taxes, if any, but excluding packing and postage charges.
Payment Procedure
ACER India will debit the Fee from your credit card or debit card or Net Banking Facility. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the Fee by ACER India and will be subject to acceptance of your offer to purchase by ACER India stated supra.
In the unlikely event that due to a technical error, the amount of the Fee displayed on the Site is incorrect, ACER India will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Site, ACER India will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Fee.
If you decide you want to cancel your order ACER India will give you a full refund in respect of any amount you have already paid if the product has not been dispatched.
Linked Web Sites
This Site may contain links to other independent third-party Websites /Group Sites of ACER (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. ACER India is not responsible for the content and privacy practices associated with linked web sites. Such Linked Sites are not under ACER India’s control, and ACER India is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Accounts, Passwords and Security
You may require an account to gain access to certain sections or features of the Site. If you have created an account, it is upon you to protect your account and keep your password confidential. You are responsible for the activity that happens on or through your Account. You must take precautions to ensure that the process that you employ for accessing ACER India site or the discussion forum does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, ACER India does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of ACER India site, any linked website or ACER India online community.
In respect of payments made through ACER India website, you are hereby informed that all the payment details which are entered through the gateway appointed by ACER India are encrypted when the user enters those details. The site is available over a secure SSL connection and uses encryption to offer secure communications by encrypting the data entered or received through this Site. However, ACER India does not warrant and cannot ensure the security of any information / details which are transmitted to or transmitted by or transmitted through ACER India Site. You understand, agree and accept that at your sole risk you transmit any information to ACER India. Nevertheless, all reasonable steps will be taken by ACER India to preserve the security of such information.
Privacy and Protection of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your information.
DISCLAIMER AND LIMITATION OF LIABILITY
ALL THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, IF ANY) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ACER INDIA ARE PROVIDED BY ACER INDIA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACER INDIA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE FREE OF ERRORS OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ACER INDIA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ACER INDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ACER INDIA, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, IF ANY) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ACER INDIA, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ACER INDIA SERVICES IS AT YOUR SOLE RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ACER INDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACER INDIA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ACER INDIA SERVICES. TO THE FULL EXTENT PERMISSIBLE BY LAW, ACER INDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ACER INDIA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, IF ANY) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ACER INDIA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.YOUR SOLE REMEDY AGAINST ACER INDIA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT IMMEDIATELY.
Indemnification
You hereby indemnify to the fullest extent ACER India and its respective officers, employees and consultants from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable Lawyer’s fees) arising out of or in any way related to your breach of any of the provisions of these T&Cs. This clause shall survive any termination or expiration of this Agreement.
Intellectual Property Protection
All materials (including text, graphics, logos, icons, sound recordings, or anything of the like manner) and software published on this Site are protected by copyright and are either owned/controlled by or licensed to ACER India. Unless specifically authorised in writing by the copyright holder, you are prohibited from either COPYING, ADAPTING, REPRODUCING, STORING, PRINTING, DISPLAYING, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING any of the information or derivate works available on this Site. You are further prohibited, unless specifically authorised in writing either by the copyright holder of this Site or the copy right holder of any third-party material or by both, to commercialise any information, products or services obtained from any part of ACER India’s Site.
The trademarks, logos and service marks (collectively the ‘Trademarks’) are trademarks of Australian Council for Education Research Limited. Nothing contained on this Site can and should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on this Site without the permission of ACER India or such third party that may own the Trademarks displayed on the Site. The misuse of the Trademark or any other mark on this Site is strictly prohibited.
Restricted use
Unless ACER India agrees otherwise in writing, you are provided with access to this Site only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission sell information obtained from this Site.
Severability
If any provision of these T&Cs is found to be unenforceable or invalid under any applicable law in existence for the time being in force, such unenforceability or invalidity shall not render these T&Cs unenforceable or invalid as a whole, and such provision(s) shall be deleted without affecting the remaining provision(s) herein.
Assignment
ACER India shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these T&Cs without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these T&Cs.
Termination of Access
ACER India, at any time, without a prior notice may terminate your access to this Site. The disclaimer contained in these T&Cs will survive any such termination. Upon termination, you must immediately destroy any downloaded and printed material(s).
Force Majeure
ACER India will not be liable for any delay, interruption or failure in provisioning of any product(s) and/or service(s) if such delay, interruption or failure has been caused by any act of God, declared or undeclared war, flood, storm, fire, landslide, power failure, earthquake, or any other event of the like manner or any such act (whether caused by natural and/or man-made reasons) which is beyond our control.
Other terms
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these T&Cs is hereby excluded.
- In case of any legal requirement, ACER India will preserve such information of the user / visitor, which it believes to be necessary.
- Every information provided by you to ACER India will be kept confidential, unless otherwise required by any law for the time being in force.
- Any information, whether personal or financial, as provided by you to ACER India website, will remain your property and you have right to access such information, should you wish to edit or delete it.
- ACER India accepts no liability for any failure to comply with these T&Cs either severally or entirely.
- ACER India may change the format and contents of this website at any time.
- By providing your personal details, you are consenting that they can be used as per the privacy policy already agreed by you.
- Any opinion or advice or judgment (by whatever name called) given by third parties remain the responsibility of those third parties. ACER India does warrant or guarantee the accuracy, completeness or usefulness of the contents so posted by the third parties. ACER India also does not in any way endorses the contents of those opinions or advices or judgments. Any reliance on such information so given by the third party is the sole responsibility of user / visitor relying upon such opinion/advice/judgment.
- ACER India advises the users / visitors to obtain independent legal advice before entering into this Agreementand be fully aware of its effects.
- All questions and complaints can be mailed at india@acer.org
- ACER India reserves all other rights.
Entire Agreement
These T&Cs, including any legal notice(s) and disclaimers contained on this Site, constitute the entire agreement between ACER India and you, in relation to your use of the Site. These T&Cs supersede all prior agreements / contracts and understandings with respect to the same. Anything not exclusively included in these T&Cs are specifically excluded.
Governing Laws; Dispute Resolution
You agree that all matters relating to your access to or use of this website, including all disputes, will be governed by the laws of India. You expressly understand and agree to submit to the personal and exclusive jurisdiction of Courts in the State of Delhi / New Delhi, India.
Any dispute or difference whatsoever relating to or arising out of these Terms and Conditions, which cannot be amicably settled within a period of 30 days from the occurrence of such dispute or difference, shall be referred to the jurisdiction of a mutually appointed sole arbitrator. If consensus, in relation to the nomination and appointment of a sole arbitrator, does not reach, the disputes and differences shall be referred to a panel of 3 (Three) arbitrators, 1 (One) nominated and appointed by ACER India, 1(One) nominated and appointed by you and 1 nominated and appointed by the 2 (Two) appointed arbitrators. The arbitrator nominated and appointed by the 2 (Two) appointed arbitrators shall be the presiding arbitrator.
The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as amended by The Arbitration and Conciliation (Amendment) Act 2015 or such other amendments as may take place from time to time. The seat and venue of arbitration shall be New Delhi and shall be subject to the exclusive jurisdiction of the Courts in New Delhi. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.
Feedback and Information
ACER India shall be free to use any feedback which you may provide on this Site as it is deemed by ACER India that such feedback is non-confidential.