Terms and Conditions of Membership
- There shall be four (4) categories of membership of the Society namely: Ordinary Members, Registrar Members, Emeritus Members and Affiliate Members.
- “Ordinary Members” shall be limited to medical practitioners registered in Australia who are recognised by the Australian Orthopaedic Association as qualified to practise orthopaedic surgery or otherwise are recognised by the Council of the Society as so qualified.
- “Registrar Members” shall be limited to medical practitioners registered in Australia who are undertaking training in the specialty of orthopaedic surgery in a course recognised by the Australian Orthopaedic Association or otherwise recognised by the Council of the Society.
- “Emeritus Members” shall be limited to the Ordinary Members of the Society who have made a significant contribution to the practice of orthopaedic surgery in Australia and who have been recommended by the Council as suitable for nomination as Emeritus Members and are approved by the Society in general meeting.
- “Affiliate Members” shall be limited to persons who are otherwise ineligible for membership of the Society but who nonetheless are approved by the Council as worthy of Affiliate Membership of the Society. An Affiliate Member shall not be entitled to vote at any general meeting of the Society, to become a member of the Council, to nominate a person for election to the Council or to be appointed as proxy for a member, but otherwise shall be entitled to exercise and enjoy the privileges of membership.
- Every applicant for membership of the Society (other than the subscribers to the Memorandum of the Association) shall be nominated by one and seconded by another member (other than an Affiliate Member) of the Society to whom the applicant is personally known. The application for membership shall be made in writing, signed by the applicant and his or her nominator and seconder and shall be in such form as the Council from time to time prescribes.
- At the next meeting of the Council after the receipt of any application for membership, such application shall be considered by the Council, who shall thereupon determine upon the admission or rejection of the applicant. In no case shall the Council be required to give any reason for the rejection of an applicant.
- When an applicant has been accepted for membership the Secretary shall forthwith send to the applicant written notice of his acceptance and a request for payment of his or her entrance fee and first annual subscription. Upon payment of his entrance fee and first annual subscription the applicant shall become a member of the Society, provided nevertheless that if such payment be not made within two calender months after the date of the notice, the Council may at its discretion cancel its acceptance of the applicant for membership of the Society.
- The entrance fee and annual subscription payable by the applicant and members of the Society shall be such as the Society in general meeting shall from time to time prescribe, provided that until the Society shall otherwise resolve there shall be no entrance fee and the annual subscription (including GST) shall be $650 for Ordinary Members, $nil for Registrar Members, $nil for Emeritus Members and $66 for Affiliate Members.
- All annual subscriptions shall become due and payable in advance on the first day of January in every year.
- It is the responsibility of members and applicants for membership to familiarise themselves with the Constitution of the Australian Society of Orthopaedic Surgeons which is available from the Society upon request.
Trade Mark Licence Agreement
The Australian Society of Orthopaedic Surgeons (ACN 056 637 971) (ASOS) is the national association of practising orthopaedic surgeons and is the owner of the trade mark shown below (Trade Mark):
This Agreement sets out the terms upon which members of ASOS may use the Trade Mark.
- Who may use the Trade Mark
The Trade Mark may only be used by members in good standing with ASOS in the membership categories of Ordinary, Registrar, Senior Active, 1st Year Post-Fellowship, Emeritus and Honorary (each, a Member). Affiliate members are not permitted to use the Trade Mark.
- Period for which the Trade Mark may be used
A Member may only use the Trade Mark for the period in which the Member maintains a valid membership with ASOS, unless terminated earlier in accordance with paragraph 6 (Membership Period).
- Permitted purposes for which the Trade Mark may be used
ASOS grants the Member a non-exclusive and non-transferrable licence to use the Trade Mark during the Membership Period only for the following purposes (Permitted Purposes):
- on the Member’s website to provide patient and public information, provided that such information is published in accordance with the advertising guidelines of the Medical Board of Australia and any other relevant authorities;
- on the Member’s approved social media platforms in conjunction with posts authorised by ASOS;
- on the Member’s website, provided it is designed to promote the aims and objects of ASOS, as defined in the ASOS Memorandum and Articles of Association, and provided such use is approved by ASOS in writing; or
- for any other purpose for which ASOS has given its prior written approval.
- Terms for the use of the Trade Mark
The Member agrees that:
- it will be bound by, and only use the Trade Mark in accordance with, this Agreement;
- all right, title and interest (including copyright) and goodwill in the Trade Mark is and remains the property of ASOS;
- it obtains no right or interest whatsoever in the Trade Mark other than the licence granted under this Agreement;
- it will immediately comply with the reasonable directions, requests and requirements of ASOS while using the Trade Mark, including ceasing to use the Trade Mark when directed;
- it will not do, or cause to be done, any thing that may invalidate or adversely affect ASOS’ rights in relation to the Trade Mark, including:
- applying for the registration of the Trade Mark or any other trade mark which is substantially identical to deceptively similar to the Trade Mark;
- opposing any application by ASOS for registration of the Trade Mark or any other trade mark that incorporates the ASOS name (whether in full or an acronym) or seeking removal or cancellation of any registration of the Trade Mark or such other trade mark;
- it will not use, create or develop any domain name, company name or business name which is substantially identical to deceptively similar to the Trade Mark; and
- it will promptly notify ASOS if it becomes aware of:
- any unauthorised use of the Trade Mark by a third party; or
- any legal proceedings, or threatened legal proceedings, or claim which may involve the Trade Mark, including any allegation of infringement, passing off or misleading and deceptive conduct.
- Termination of this Agreement
6.1 This Agreement will terminate:
- automatically at the end of the Member’s Membership Period; or
- immediately on written notice by ASOS if:
- the Trade Mark is used by the Member for any purpose than the Permitted Purposes;
- in the reasonable opinion of ASOS, the use of the Trade Mark by the Member is likely to bring ASOS, its affiliates and/or its members into disrepute, or is contrary to the aims and objectives of ASOS;
- the Member is in breach of this Agreement, the Terms and Conditions of Membership or the ASOS Memorandum and Articles of Association; or
- the Member fails to comply with any relevant law, regulation, guideline or authority relating to the use of the Trade Mark.
6.2 On termination of this Agreement, the Member must:
- immediately cease use of the Trade Mark; and
- remove all references to ASOS and the Trade Mark on its website, social media platforms and all other materials or places where it has used, stored or displayed the Trade Mark.
- General Provisions
7.1 The Member indemnifies and must keep indemnified ASOS from and against all loss and damage suffered by ASOS as a result of the Member’s use of the Trade Mark other than in accordance with this Agreement.
7.2 Each party will, from time to time, do all things (including executing all documents) necessary or desirable to give full effect to this Agreement.
7.3 This Agreement is governed by the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.