Misconduct (whether occurring prior to, during or after the HPAT-Ulster test session) means any unacceptable conduct or any conduct that might result in unfairness or inaccurate results such as, without limitation:
- breach of any of the security arrangements for the HPAT-Ulster test
- attempting to copy a test question or any part of the test, via screen sharing, or any other means
- failure to follow test proctor’s instructions at all times
- giving or receiving assistance during the test
- creating a disturbance
- using prohibited aids (e.g. notes, calculator, mobile phone, audio/recording device, opening a web browser etc.)
- using the test questions, their content or information about them for purposes other than your sitting of the HPAT-Ulster test. This includes: publishing the HPAT-Ulster questions or any of their content or information about them on the internet, any digital format or otherwise; and/or passing the HPAT-Ulster questions, any of their content or information about them to third parties
- the giving of false or misleading information at any stage in connection with your participation in the HPAT-Ulster test
- infringement of the “ACER” or “HPAT-Ulster” trade marks. Trade mark infringement includes performing any act which only a trade mark owner or a person authorised by the trade mark owner may do
- infringement of copyright. 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
- in any way breaching (as determined by ACER in its absolute discretion) any of the terms and conditions of (a) your registration to participate in the HPAT-Ulster test; or (b) your purchase of any HPAT-Ulster preparation materials
- infringement of any rights (including but not limited to intellectual property rights) whatsoever relating to or subsisting in the HPAT-Ulster test or any part or element of it, including but not limited to the concept, structure, administration or conduct of the HPAT-Ulster test, the HPAT-Ulster trade mark and any HPAT-Ulster preparation materials prepared or published by or on behalf of ACER or the University of Ulster
- any act or omission by you which ACER, in its absolute discretion, renders you to be unfit to participate in any HPAT-Ulster test, whether or not you are registered to participate at the time of ACER’s determination
CONSEQUENCES for misconduct may include cancelling your registration to sit the HPAT-Ulster test without any refund, withholding of your HPAT-Ulster test results or disqualification from sitting any HPAT-Ulster test (whether it is the test for which you have registered or otherwise).
It is also possible and you consent to the misconduct being referred to any educational institution (not limited to the University of Ulster) or professional body or other third party to whom such misconduct might be of interest.
YOU ARE PUT ON NOTICE 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. You should also be aware that your misconduct might also give rise to liability on your part to third parties, including but not limited to the University of Ulster.
ACER and the University of Ulster reserve the right to take legal action and claim any remedies available to them at law in respect of any incident of misconduct or where Your conduct (whether or not it constitutes “misconduct”) infringes any of their rights.