General Terms & Conditions of the Australian College of Midwives

This statement outlines the Terms & Conditions under which the Australian College of Midwives Ltd (ACM) operates this website, including the terms and conditions in relation to consumers of the goods and services, including membership of ACM, accessible therein.

ACM may amend these terms and conditions at any time.

General Terms and Conditions

Conditions of use

In using this website, consumers acknowledge that they have read and understood these conditions, agree to comply with these conditions, and warrant that their use of this website fully complies with these conditions. These conditions apply to the use of all parts of the ACM website.

Access to this website may rarely be interrupted by server outage or technological problems. While ACM will make reasonable efforts to ensure continuous online availability, ACM does not accept responsibility for any inconvenience or consequences arising from inability to access any part of the website.

ACM reserves the right to make any changes to any part of the website and to discontinue any page or feature without notice.

Consumers must not collect or use any email addresses featured on the website for any purpose other than that for which they are provided. Consumers are not permitted to use these email addresses for marketing or inclusion on a database.

Consumers agree that material, opinions and views contributed to the website reflect the views and opinions of individual contributors or third parties and are not ACM’s views.

While ACM endeavours to ensure that the website is accurate and up to date, no responsibility is accepted for errors or omissions and ACM recommends that consumers exercise their own skill, judgement and care with respect to its use. This statement does not apply to representations by ACM in the course of supplying goods of services.

Links from the website to external websites are provided for convenience only and do not constitute endorsement by ACM of any material found at those sites. ACM does not take any responsibility for the operations of links to external websites or for the content, accuracy or legality of material on any external websites.

To the maximum extent permitted by law, ACM excludes all liability to any person for loss or damage of any kind (however caused, including by negligence) arising in relation to, from or relating in any way to the material on this website and/or any use of the website. Where any law imposes a guarantee in relation to these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, ACM’s liability for breach of the guarantee will be limited to the maximum extent permitted by law.

ACM disclaimer

This disclaimer is a legal statement which asserts that ACM is not responsible for any mishap to which a consumer is exposed from applying whatever object or information provided by ACM.

Before relying on ACM material in any important matter, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

In some cases ACM material may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect the considered views of ACM, or indicate a commitment to a particular course of action.

Links to other websites are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, goods or service.

IP protection & copyright

This website and all information and graphics available on the website are protected by copyright.  Trademarks, whether registered or unregistered, logos and brand names must not be used or modified in any way without obtaining the prior written consent of ACM.

Consumer privacy

Please refer to ACM’s Privacy Policy.

Warranty against defects

ACM’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Consumers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Legal jurisdiction

Consumers use of the website is governed by the laws of the Australian Capital Territory and in using the website consumers submit to the exclusive jurisdiction of the courts of that Territory.

Cancellations of goods or service by ACM

ACM reserves the right to cancel or reschedule provision of goods and services due to extenuating circumstances beyond ACMs control. Wherever possible, ACM will endeavour to give appropriate and timely notification to consumers and advise alternate options available. In this instance a full refund may be offered.

Refunds to consumers

ACM is committed to providing quality goods and services, and to abide by consumer’s rights. Any request for a refund of payment for services or goods provided by ACM must be made in writing (by letter, email or fax) with supporting documentation where required.

Instances where a refund to a consumer is reasonable include:

  • identified overpayments for goods and services;
  • an error has been made by ACM;
  • goods and services do not match what was shown at the time of purchase;
  • goods and services do not deliver what they are supposed to deliver; or exceptional circumstances supported by documentation.

Instances where ACM will not provide a refund to a consumer include:

  • where a consumer changes their mind;
  • where a consumer decides later they can’t afford the goods and services;
  • where a consumer finds alternative goods and services at a more competitive price;
  • where goods have been used or altered; or
  • incorrect choice of goods and services by the consumer.

Where a consumer requests a refund for goods and services immediately prior to delivery or provision, a refund may be refused or a partial refund may be provided.

Specific refund terms & conditions for different ACM goods and services are outlined below.

Education

Seminars & workshops

If a cancellation request is received:

  • > 30 days prior to the event a full refund will be given;
  • < 30 & > 14 days prior to the event a refund will be given less $60 administration fee*;
  • < 14 days prior to the event no refund will be given.

*If the price paid is less than $60, a refund will not be offered.

Webinars

Refer to “Instances where a refund to a consumer is reasonable” above.

e-Learning courses

CPD recognition

Refunds not offered.

Events

Meetings

Not applicable.

Conferences & events

If a cancellation request is received:

  • > 30 days prior to the event a full refund will be given;
  • < 30 & > 14 days prior to the event a refund will be given, less 30% administration fee;
  • < 14 days prior to the event no refund will be given.

An organisation may send an alternative delegate if registration has been paid in full and the registered person is unable to attend. If the request is received < 2 weeks prior to a conference or event, a 30% administration fee will apply.

Walk With Midwives

Refunds not offered.

Membership

Membership fees

Membership fees are non-refundable. Membership is a contract under which the member agrees to pay ACM a full years’ fees in consideration for access to ACM’s member services and benefits.

 

If ACM terminates a person’s membership due to a disciplinary action (as per our constitution) then the residual of that year’s fees will be refunded to the terminated member.

Programs

Midwifery Practice Review (MPR)

If ACM cancels reviews, the full fee paid will be refunded or the fee will be transferred to a rescheduled review time.

If the consumer chooses to cancel the review:

  • > 3 months prior to the review date a refund will be given less $60 administration fee;
  • 2-3 months prior to the review date a refund of 50% will be given;
  • 1-2 months prior to the review date a refund of 20% will be given;
  • < 1 month prior to the review date no refund will be given.

Deferring a review will attract a $60 administration fee to cover the costs associated with rescheduling the review.

Stored credit cards and direct debit accounts

Stored credit card details and/or direct debit account details provided through the website are stored with SecurePay, not ACM. SecurePay is an Australian company providing online payment solutions for businesses and organisations.

Storing of credit card details and/or bank account details on the website must be used for membership direct debits or recurring payments.  This storing option can also be used for ease of making purchases on the website.

Feedback

ACM embraces open communication and encourages feedback from consumers to assist with meeting their needs and concerns and to improve ACM’s services. Please direct any queries to:

Post       PO Box 965, Civic Square ACT 2608
Phone    02 6230 7333
or email ACM.

Membership specific terms & conditions

Membership commitment

Membership is in accordance with the ACM Constitution which contains that “All Members must support the objects of the College”.

The completion of a membership application, including online application, acts as confirmation that a member accepts and commits to paying the membership fees as advertised on our website for the following 12 months. This does not change based on how a member elects to pay his or her membership (i.e. via credit card, direct debt, in one lump sum, or in instalments).

Unless a member advises ACM that they do not wish to renew in writing, within 31 days, their membership and contractual commitments renew automatically for a period of 12 months on the anniversary of their membership. This applies to all membership types and membership payment schedules. 

All memberships are for a minimum of 12 months and are not transferrable or refundable, with the exception of where a membership is terminated by ACM as per our constitution.

The multi-year membership offer is subject to the same terms and conditions as all other membership types. This offer is non-refundable, nor will the membership term be extended or reduced, with any portion of the fees refunded to the member should their circumstances change.

If electing to pay the multi-year membership in 3 instalments, the member is accepting and committing to paying all invoices prior to June 30 2020.

Graduate membership duration is limited to 12 months and will be upgraded to full membership on the annual anniversary date of the subscription.

By completing a membership application form, a member accepts these conditions of use, as amended from time-to-time, and agrees to be bound by them.

Membership fees

Membership fees are determined by ACM.  ACM reserves the right to increase membership fees at any time. Up-to-date fees are available on the ACM website.

Direct debits and recurring payments

Direct debits and recurring payments are processed through SecurePay on the membership renewal date each month.  If a payment day is a public holiday or weekend, the membership payment will be processed on the next business day.  SecurePay is an Australian company providing online payment solutions for businesses and organisations.

Members should be aware that direct debit and/or recurring payments through SecurePay is not available on all accounts. 

Recurring payments include additional administration and merchant fees.

Early cancellation of the direct debit authorisation prior to all agreed payments being made will require full payment of outstanding fees to be paid immediately, or the membership payments transferred to credit card payment.

If a payment is dishonoured due to insufficient funds the payment will be tried again within 14 days from the initial payment request. If a payment is dishonoured due to insufficient funds a second time, or incorrect details, a letter or email advising of the dishonour will be forwarded to the member who will be required to contact ACM Head Office to arrange for payment to be made (including dishonour fees). A fee of $5.50 will be charged for each payment dishonoured by your financial institution.

ACM membership will be considered lapsed if fees are not paid on the due date, at which point access to the ACM website and any member benefits will cease.

Membership cancellation

The resignation of a Member is deemed to take effect 31 days from the date of receipt of the written notice of resignation, or such later date as is provided on the notice, provided membership has been effective for 12 months.

Where the membership period requirement of one year has not been met, the resignation of a member is to take effect no earlier than 365 days from the membership subscription date and the Member will be charged the remaining amount of the membership fee payable to the ACM for that period where applicable provided that a change of category of membership shall for the purpose of this subclause be treated as a continuing single membership. 

Other ACM Commercial Matters

ACM raises revenue through a range of other methods, products and services including product endorsement, advertising of products and services, sponsorships, etc. Each of these have their own unique terms and condition which will be made available when a consumer contacts ACM or on request.