Terms and Conditions

General Terms & Conditions of the Australian College of Midwives

1.    Introduction

The purpose of these terms & conditions is to outline:

  • the terms and conditions to which an individual (member or non-member) or business (here after ‘consumer’) must agree in order to use Australian College of Midwives (ACM) goods and services; and
  • the terms and conditions by which ACM will abide in providing goods and services.

Any income or profit from ACM goods and services will only be applied towards the promotion of the objects of ACM, and not for the financial profit or gain of its members.
These terms and conditions apply to all ACM goods and services, including but not limited to:

  • membership;
  • membership benefits;
  • education and training such as - seminars, webinars, e-Learning, face-to-face training, CPD recognition, scholarships;
  • events - meetings, workshops, conferences, AGMs;
  • programs such as - Baby Friendly Health  Initiative (BFHI), Midwifery Practice Review (MPR),
  • publications such as - newsletters, website content, social media, guidelines, position statements, Australian Midwifery News magazine, Women and Birth online journal, Branch Matters e-news;
  • services such as - advertising, merchandise, MidPLUS, Vendor Directory, product endorsement, sponsorship.

ACM may amend these terms and conditions at any time, in which case customers must comply with the changed conditions which ACM publishes on the website.

1.1    Use of this policy

To the greatest extent possible, this policy provides terms and conditions that are generic across the widest range of ACM goods and services. These are shown in section 2.
Some ACM goods and services have specific terms and conditions. These are shown in section 3 below.

2.    Generic provisions

2.1    Consumers' rights

2.1.1    Consumer guarantees

ACM guarantees that goods provided to consumers:

  • are of acceptable quality, safe, lasting, have no faults, look acceptable and do all the things someone would normally expect them to do;
  • are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication), or the purpose for which the business said it would be fit for;
  • have been accurately described; and
  • match any sample or demonstration model.

2.1.2    Warranty against defects

ACM’s warranty against defects applies within the first 6 months after a consumer receives the goods from ACM. Any goods provided by ACM to a consumer, if demonstrated to be faulty or defective, will be replaced. If a consumer becomes aware of faulty or defective goods, please write to ACM.

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.

2.4.3    Consumer privacy

Please refer to ACM’s Privacy Policy.

2.2    Cancellations & refunds

2.2.1    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.

2.2.2    Refunds to consumers

ACM is committed to providing high 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 cancelation 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.

WebinarsRefer to “Instances where a refund to a consumer is reasonable” above.
e-Learning courses
CPD recognitionRefunds not offered.
ScholarshipsNot applicable.
Events
MeetingsNot applicable.
Conferences & events

If a cancelation 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 MidwivesRefunds not offered.
Membership
Membership feesMembership fees are non-refundable.
Programs
Baby Friendly Health Inititive (BFHI)

If ACM cancels an assessment, a rescheduled assessment time will be booked.

If the customer chooses to cancel the assessment:

  • > 3 months prior to the assessment date a refund will be given less $60 administration fee;
  • 2-3 months prior to the assessment date a refund of 50% will be given, less any travel and accommodation booking fees or cancellation fees that have been incurred;;
  • 1-2 months prior to the assessment date a refund of 20% will be given less any travel and accommodation booking fees or cancellation fees that have been incurred;
  • < 1 month prior to the assessment date no refund will be given.

Deferring the assessment:

  • > 3 months prior to the assessment date will attract a $60 administration fee;
  • < 3 months prior to the assessment date will attract a $60 administration fee plus any travel and accommodation booking fees or cancellation fees that have been incurred.
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.

Publications
NewslettersSee Section 6 "Advertising”.
Website content
Social mediaNot applicable.
GuidelinesNot applicable.
Position statementsNot applicable.
Australian Midwifery News (AMN)See Section 6 "Advertising”.
Women & Birth journalNot applicable.
Services
AdvertisingSee Section 6 "Advertising”.
Merchandise

If a cancelation request is received:

  • prior to dispatch a full refund will be offered
  • after dispatch and outside of the terms described above in “Instances where a refund to a consumer is reasonable”, a refund may be considered, minus postage and handling fees, once goods are returned to ACM in their original condition.
MidPLUSRefunds not offered.
Vendor DirectoryRefunds not offered.
Positions VacantRefunds not offered.
Product endorsementRefunds not offered.
SponsorshipNot applicable.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.3    IP protenction & copyright

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.

ACM uses the following copyright notices:

© 2016 Australian College of Midwives

© 2016 Australian College of Midwives. All rights reserved. This material may be freely reproduced for educational and not-for-profit purposes. No express written permission is required.

ISBN 978-1-XXXXXX-XX-X
© 2016 Australian College of Midwives. All rights reserved. This material may be freely reproduced for educational and not-for-profit purposes. No express written permission is required.

ISBN 978-1-XXXXXX-XX-X
© 2016 Australian College of Midwives. All rights reserved. Apart from fair dealing permitted by the Copyright Act 1968, ACM grants permission only to download copyright material for private purposes and not to use the content of the website in any other way or for any other purpose.

2.4    Generic ACM disclaimer

A 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.

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.

2.5    Feedback, complaints & disputes

2.5.1    Complaints & disputes

Refer to ACM’s Complaints Management Policy.

2.5.2    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.

Feedback on specific ACM goods and services can be directed to the following email addresses.

Education
WebinarsEducation team
e-Learning
Face-to-face training
Seminars
CPD recognition
ScholarshipsAdmin team
Events
MeetingsEvents team
Workshops
Conferences
Membership
MembershipMembership Services team
Programs
Baby Friendly Health Inititive (BFHIBFHI Program Manager
Midwifery Practice Review (MPR)MPR Program Manager
Publications
NewslettersAdmin team
Website content
Social media
Guidelines
Position statements
Women & Birth journal
Australian Midwifery News (AMN)AMN Editor
Services
AdvertisingAdmin team
Vendor Directory
Positions Vacant
Members Forum
Q&A
FAQ
Product endorsement
Sponsorship
MidPLUS
Merchandise

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.    Membership terms & conditions

3.1    Membership commitment

Membership is in accordance with the ACM Constitution which contains that “All Members must support the objects of the College”. The signed membership form acts as confirmation that a member accepts and commits to paying the membership fees as they are stated on the membership form.

All memberships and entitlements are for a minimum of one year and are not transferrable or refundable. 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.

3.2    Membership fees

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

3.2.1    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.

Members who opt to pay by direct debit are committing to pay the full membership fee over a defined period of time.  Early cancellation of the direct debit authorization prior to all agreed payments being made will require full payment of outstanding fees to be paid immediately.

It is the members’ responsibility to:

  • ensure that the account can accept direct debits (the financial institution can confirm this) and that there are sufficient cleared funds available in the account;
  • ensure that the nominated bank account or credit card details are stored in the Member Portal of the website to allow the membership debit debits or recurring payments to be processed through SecurePay; and
  • advise ACM of any account transfer or closure and or any changes to the credit card details (such as the expiry date or number).

Members will be advised 24 days in advance of any changes to the direct debit and/or recurring payment arrangements.

If a payment is dishonoured due to insufficient funds or incorrect details, a letter 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 dishonuor fees). A fee of $5.50 will be charged for each payment dishonoured by a financial institution.

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

3.3    Member benefits

Details of member benefits or entitlements are available on the ACM website. ACM reserves the right to revise member benefits or entitlements at any time. 

ACM is not liable for member benefits provided by third parties. Members must make themselves aware of the terms and conditions of third party service providers.

3.4    Member’s details

Members are responsible for ensuring the details of their membership are correct at all times. This includes any changes to contact details and bank account/credit card details.

4.    Website conditions of use

4.1    General

These conditions apply to the use of all parts of the ACM website. 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.

4.2    Access and use

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 take 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.

4.3    Disclaimer and liability

Material, opinions and views contributed by users of 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.

Consumer’s 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.

4.4    Stored credit cards and direct debit accounts

Stored credit card details and/or direct debit account details on 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.

4.5    MidPLUS

4.5.1    MidPlus Portfolio

MidPLUS is a continuing professional development tool developed by the ACM designed to assist midwives to reflect on practice, identify learning needs and plan and record CPD activities. The MidPLUS portfolio consists of an online diary used to develop learning needs and an online log that records CPD activities. To complete MidPLUS annual requirements and receive a certificate of completion for the year (June – May, in line with the NMBA midwifery registration year), MidPLUS users are required to accrue a minimum of 30 hours of CPD activities each year. MidPLUS users who attend ACM events that have CPD Recognition, will automatically receive certificates of attendance which may be stored in MidPLUS.

4.5.2    Purchase of MidPlus

MidPLUS is provided automatically, free of charge, to Full and Student members. Midwives who are not ACM members will be required to purchase MidPLUS and renew their purchase yearly. If MidPLUS users who have purchased MidPLUS choose not to renew their purchase, they will no longer have access to their information and materials. If they wish to keep a copy of the records and materials stored in MidPLUS, they will be required to download them onto their personal storage devices before their account is closed.

4.5.3    Terms and condition of MidPLUS

The ACM General Terms and Conditions Policy apply to MidPLUS:

  • 2. (Generic conditions),
  • 3. (Membership) and,
  • 4. (Website conditions of use) in particular 4.1 (General), 4.2 (Access and use), 4.3 (Disclaimer and liability), 4.4 (Stored credit cards and direct debit accounts).

The ACM Privacy Policy also applies to MidPLUS and should be read by users.

4.5.4    ACM obligations

The ACM will undertake all reasonable steps to provide all users with a safe, secure and operational MidPLUS system. Occasionally MidPLUS will be unavailable for short periods of time for routine maintenance, however the ACM will endeavor to provide notice of any scheduled outage.  The ACM is not responsible for:

  • unexpected downtime of MidPLUS,
  • loss of data caused by a computer or electronic virus,
  • loss of data due to interruptions in internet service.

Administrators may access MidPLUS and its contents at any time for the purpose of MidPLUS system audit, maintenance, or to generate reports about usage. However, administrators will avoid doing so unless specifically required to support the use of MidPLUS, or as per these terms and conditions. The ACM will not provide access to MidPLUS records to anyone other than administrators, without the permission of the individual user.

4.5.5    User obligations

All files and content that is uploaded to MidPLUS will comply with all applicable laws as well as ACM policies, standards and codes of conduct. Users must not use MidPLUS to store material that is offensive or unlawful, or may give rise to any civil or criminal liability. If an administrator receives report of any objectionable material or behavior within MidPLUS, the user account may be suspended and access to MidPLUS may be frozen pending an investigation as per the ACM Governance Policy. Objectionable behavior includes intentionally attempting to load files with virus content into MidPLUS.

By uploading material to MidPLUS, users warrant that they are the owner of that material. MidPLUS users retain all ownership rights to all materials uploaded. 

4.6    Vendor Directory

4.6.1    Overview

The ACM online Vendor Directory provides consumers with a list of potential vendors of goods and services of value to midwives, women and babies. Vendors pay ACM an annual fee for their listing. Access to search for an advertised service is free. All purchases of goods and services listed on the Vendor Directory will be made by the consumer directly with the vendor.

4.6.2    Listing applications

All applications for listing on the Directory are subject to:

  • payment of the annual listing fee;
  • completion of the application form;
  • approval by ACM prior to listing; and
  • the vendor indemnifying ACM against any claim by any third party against ACM in respect of any matter arising from the use of the Directory.

The listing period begins on the date the listing is approved by ACM and will continue for a period of 12 months. ACM will determine the keywords, categories and other material used to categorise a business listing in the Directory. ACM reserves the right to decline listing applications that do not conform to ACMs legal, ethical or philosophical standards.

4.6.3    Listing changes and cancellations

The vendor is responsible for updating and maintaining their listing content. The vendor may cancel their listing at any time by providing 7 days’ notice in writing to ACM. No refunds will be provided to a vendor.

A vendor’s listing may be cancelled by ACM without notice or refund at any time if:

  • these terms and conditions are breached by the vendor;
  • the listing does not conform to ACMs legal, ethical or philosophical standards;
  • ACM becomes aware of actions by the vendor which are not in the best interests of ACM or its objects; and/or
  • the vendor is declared bankrupt or ACM becomes aware of information that  reasonably indicates the vendor’s insolvency.

4.6.4    Acceptance of terms & conditions

By submitting a Vendor Directory listing application or update a listing, the vendor agrees to be bound by these terms and conditions. Revision of these terms and conditions can be made at any time by ACM without prior notice. Changes will be effective as soon as they have been published on the ACM website. Continued use of the ACM Vendor Directory after any modifications to these terms and conditions indicates acceptance of the variation to the terms and conditions.

By accessing the Vendor Directory, consumers agree to accept these terms and conditions. Consumers must make themselves aware of the terms and conditions of third party service providers. ACM takes no responsibility for any content or accuracy of information published on the Directory and is not liable for goods and services for which it has provided a listing on the Directory.

Listing on the ACM website does not imply endorsement by ACM. It is the right and responsibility of the consumer to make an informed choice about services they engage with, and for the vendor to act with integrity and honesty.

4.7    Members Community

4.7.1    Overview

ACM’s Members’ Community (inclusive of the Q&A section) is a free service designed for ACM members to express their personal thoughts and opinions on matters relating to midwifery and maternity services. The thoughts and opinions expressed on the Community space (including the responses) are the thoughts and opinions of the participants and not those of ACM.

ACM’s Q&A is open to the public (members and non-members) to ask questions and provide answers relating to midwifery, maternity services and the ACM.
Members must use ACM’s Community space in accordance with these terms and conditions and any instructions for use provided or made available by ACM. ACM may restrict access to Community space if members do not comply with these terms and conditions.

4.7.2    Content

Consumers warrant that the user-generated content and the use of the user-generated content in the Community space:

  • complies with all applicable laws;
  • is not obscene, indecent, unsuitable for minors, excessively violent, false, misleading, deceptive, fraudulent or defamatory;
  • does not infringe any intellectual property rights or other rights of any entity or person;
  • does not include pornography, nudity, adult sexual content or any sex-related merchandising;
  • is not damaging to ACM’s servers or any other servers on the internet;
  • does not contain any promotional material or advertising for commercial purposes or personal financial gain;
  • does not advertise used goods or seek to purchase used goods from other members; and
  • does not include material or resources relating to hacking/phreaking, viruses, anarchy, or that promote or participate in wilful harm to internet sites or providers.

ACM moderate all content in the Community space and may remove, amend, alter or deny access to any user-generated content or content in its sole discretion without notice if:

  • it is required to do so by any Applicable Law or order or judgment of a Court or tribunal of fact or law or other competent body; or
  • in ACM’s opinion any such user-generated content is obscene, offensive, indecent, excessively violent, illegal, misleading or defamatory, or otherwise unacceptable, undesirable or objectionable (including if it contains information about brands or products which ACM does not support).

Consumers are not permitted to advertise goods or seek to purchase goods from other consumers. 

Consumers are not allowed to request information from other consumers that will be used for the purpose of research, academic study or publication.

When responding to posts, consumers agree to provide constructive feedback and refrain from making personal criticisms of other consumers.

Any user-generated content may be reproduced or archived in any manner that ACM considers appropriate. By participating in ACM’s Community, Consumers are taken to consent to ACM’s Privacy Policy.

By using the ACM Community, consumers acknowledge and agree that the Community is a means of public and not private communication, whereby information and images submitted to the Forums can be accessed by all consumers (members and non-members). Due care should be taken when sharing private information and images.
Consumers authorise and license ACM to copy, reproduce, communicate, distribute, perform and display the user-generated content for the purposes of providing the Community, site and any associated services.

4.7.3    Liability

ACM does not endorse or support any posted thoughts or opinions or guarantee the accuracy of any of the information or facts appearing on the Community. All enquiries or concerns about any of the material appearing on the Community, please contact ACM.

ACM will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with:

  • receiving, giving or using any opinion, view, advice or other material expressed on the Community; and
  • access to or non-access to the Community or this site, except for any liability which cannot be excluded by law.

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired.

4.8    Positions Vacant

4.8.1    Overview

The ACM online Positions Vacant section provides consumers (e.g. members, midwives and customers) with a list of vacant positions/jobs on offer. Vendors pay ACM a fee for their position listing. Access to search for advertised positions is free. All contact regarding positions listed on the Positions Vacant section will be made by the consumer directly with the vendor.

4.8.2    Listing applications

All applications for listing on the Position Vacant section are subject to:

  • payment of the listing fee;
  • completion of the application form;
  • approval by ACM prior to listing; and
  • the vendor indemnifying ACM against any claim by any third party against ACM in respect of any matter arising from the use of the Positions Vacant section.

The position listing period begins on the date the listing is approved by ACM and will continue for a period of 30 days, unless otherwise specified. Approved position listings are also advertised in ACM newsletters during the paid listing period.

ACM reserves the right to decline position listing applications that do not conform to the ACMs legal, ethical or philosophical standards or policies.

4.8.3    Listing changes and cancellations

The vendor is responsible for updating and maintaining their position listing content. The vendor may cancel their position listing at any time by providing 7 days’ notice in writing to ACM. No refunds will be provided to a vendor.

A vendor’s position listing may be cancelled by ACM without notice or refund at any time if:

  • these terms and conditions are breached by the vendor;
  • the position listing does not conform to ACMs legal, ethical or philosophical standards;
  • ACM becomes aware of actions by the vendor which are not in the best interests of ACM or its objects; and/or
  • the vendor is declared bankrupt or ACM becomes aware of information that  reasonably indicates the vendor’s insolvency.

4.8.4    Acceptance of terms & conditions

By submitting a Positions Vacant listing application or update a listing, the vendor agrees to be bound by these terms and conditions. Revision of these terms and conditions can be made at any time by ACM without prior notice. Changes will be effective as soon as they have been published on the ACM website. Continued use of the ACM Positions Vacant section after any modifications to these terms and conditions indicates acceptance of the variation to the terms and conditions.

By accessing Positions Vacant, consumers agree to accept these terms and conditions. Consumers must make themselves aware of the terms and conditions of third parties. ACM takes no responsibility for any content or accuracy of information published on Positions Vacant and is not liable for information for which it has provided a positions listing on the Positions Vacant.

Position listing on the website does not imply endorsement by ACM. It is the right and responsibility of the consumer to make an informed choice about who they engage with, and for the vendor to act with integrity and honesty.

5.    Product endorsement

‘ACM endorsement’ means that the ACM publicly and visibly supports a particular activity, product or service.  Endorsement is not undertaken for commercial purposes, however opportunities for endorsement may form part of a corporate partnership package.

The ACM may endorse activities, products or services and ACM endorsement signifies ACMs agreement, advocacy and recommendation towards the subject or action it endorses.  The ACM will undertake an evaluation process before arriving at a decision offering ACM endorsement.
ACM is not liable for goods and services for which it has provided an endorsement.

See ACM’s Product Endorsement Policy.

6.    Advertising

6.1    Overview

Advertising applies to all media produced by ACM and to all advertising in any ACM media, whether provided for a fee or in-kind consideration. Advertising involving any ACM media must be consistent with these terms and conditions along with the following documents:

  • ACM’s Vision and Mission Statements and Strategic Plan;
  • ACM’s Objects (ACM Constitution);
  • ACM’s Core beliefs and Values; and
  • World Health Organization (WHO) International Code of Marketing of Breastmilk Substitutes and all subsequent World Health Assembly (WHA) resolutions.

ACM does not invest in, nor accept funding, donations, advertising, or sponsorship from corporate entities that do not meet their obligations as noted under the International Code of Marketing of Breastmilk Substitutes and all subsequent WHA resolutions.

Refer to ACM's Advertising Policy.

6.2    International Code of Marketing of Breastmilk Substitutes and subsequent World Health Assembly (WHA) resolutions

ACM does not monitor marketing in the global marketplace nor monitor global changes in corporate ownership. ACM does not determine if an entity is, or is not, compliant with the International Code of Marketing of Breastmilk Substitutes and all subsequent WHA resolutions.

ACM may seek advice from an independent experts on matters of interpretation of the International Code of Marketing of Breastmilk Substitutes and may request information from potential advertisers on their compliance status with objectives of the International Code of Marketing of Breastmilk Substitutes and all subsequent WHA resolutions.

Advertising contracts negotiated prior to determination of non-compliance with the International Code of Marketing of Breastmilk Substitutes may be honoured within a reasonable period of time, but not to exceed one year.  All advertising contracts include a cancellation clause based on non-compliance with the International Code of Marketing of Breastmilk Substitutes and all subsequent WHA resolutions.

6.3    Non-endorsement

Advertising involving any ACM media does not imply endorsement by ACM of any program, product, or service.

Statements will be broadly published (e.g. in each issue of the Australian Midwifery News, on the home page of the ACM website, in member newsletters, in conference media) declaring that acceptance and publication of advertisements does not reflect endorsement by ACM.

No current or former President, Chief Executive Officer, Board member or Council member of ACM may use her/his office with ACM to endorse any program, product, or service.

ACM reserves the right to decline or prohibit any advertisement which in its judgment is inappropriate, contrary to, or inconsistent with its purposes or these terms and conditions. This reservation is all-inclusive as to persons, things, written matter, products, and conduct.

In consideration of ACM’s acceptance of any advertisement, the advertiser shall agree to indemnify and hold ACM harmless, without limitation, from any loss or expense resulting from claims arising from the contents or subject matter of such advertisement.

6.4    Newsletters and e-news

6.4.1    Overview

These terms and conditions apply to all content included in ACM’s Newsletters and e-news, including content produced by ACM and that approved for inclusion from ACM members, external individuals, businesses or organisations, whether for a fee or in-kind consideration.

6.4.2    Newsletter content

ACM newsletters are provided for the benefit of ACM members. As such, content submitted by the Advertiser for inclusion in ACM member newsletters will only be approved if it meets the following criteria:

  • relevant to, or for the benefit of, midwives, students of midwifery, and consumers;
  • consistent with ACM’s Advertising terms and conditions (above);
  • provided in the required format and within the required timeframe; and
  • the required fee is paid prior to publication.

6.4.4    Non-endorsement

Please refer to section 6.3.

7.    CPD recognition / CPD recognised events

7.1    Overview

ACM’s provides CPD recognition for educational events available to midwives. Vendors pay ACM a fee for their recognition application. Access to search for advertised CPD recognised events is free. All contact regarding CPD recognised events will be made by the consumer directly with the vendor.

7.2    CPD recognition applications

All applications for CPD recognition are subject to:

  • payment of the application fee;
  • completion of the application form;
  • approval by ACM; and
  • the vendor indemnifying ACM against any claim by any third party against ACM in respect of any matter arising from the use of CPD recognition.

Please allow a minimum of four weeks for processing CPD recognition applications.

The paid CPD recognition period begins on the date the application is approved by ACM and will continue for the period requested and paid for, unless otherwise specified. Approved CPD recognised events are also advertised on the ACM website as CPD recognised events during the paid recognition period.

ACM reserves the right to decline CPD recognition applications that do not conform to ACMs legal, ethical or philosophical standards.

ACM reserves the right to withdraw recognition of CPD events. For example, this action will be undertaken in the occasion that the educational event was not fulfilled according to the information presented in the application for recognition originally approved by ACM.

7.3    Listing changes and cancellations

The vendor is responsible for updating and maintaining their CPD recognised activity content. The vendor may cancel their CPD recognition at any time in writing to ACM. No refunds will be provided to a vendor.

CPD recognition may be cancelled by ACM without notice or refund at any time if:

  • these terms and conditions are breached by the vendor;
  • the CPD recognised event does not conform to ACMs legal, ethical or philosophical standards;
  • ACM becomes aware of actions by the vendor which are not in the best interests of ACM or its objects; and/or
  • the vendor is declared bankrupt or ACM becomes aware of information that  reasonably indicates the vendor’s insolvency.

7.4    Acceptance of terms & conditions

By submitting a CPD recognition application or update to a recognised event, the vendor agrees to be bound by these terms and conditions. Revision of these terms and conditions can be made at any time by ACM without prior notice. Changes will be effective as soon as they have been published on the ACM website. Continued use of ACM’s CPD recognition after any modifications to these terms and conditions indicates acceptance of the variation to the terms and conditions.

By accessing CPD recognised events, consumers agree to accept these terms and conditions. Consumers must make themselves aware of the terms and conditions of third parties. ACM takes no responsibility for any content or accuracy of information published and is not liable for information for which it has provided a CPD recognised event.

CPD recognition of educational events does not imply endorsement by ACM. It is the right and responsibility of the consumer to make an informed choice about who they engage with, and for the vendor to act with integrity and honesty.