ACS Labs Member Agreement
1.1 These terms apply to the ACS Digital Labs membership with ACS (ABN 53 156 305 487) and any associated services.
1.2 By applying for Digital Membership, you acknowledge and agree that you have read and understood these terms and conditions and agree to be bound by them.
1.3 You consent to the use of your personal information for the purpose of set out in the Digital Membership and pursuant to ACS’ Privacy Policy (https://www.acs.org.au/privacy-policy.html).
1.4 ACS may amend these terms from time to time and post its amended terms on its Digital Membership Website (https://rivercitylabs.acs.org.au/terms.html). Your continued membership and use of the services from ACS indicates your acceptance of any amended terms.
1.5 If ACS accepts your application for the Digital Membership and upon payment of the Fees, you will be granted access to the Virtual Product on a month-to-month subscription (until terminated) for the membership product level, with a minimum of 3 months membership.
ACS Labs Membership offering can be located on the website (https://rivercitylabs.acs.org.au/the-labs.html).
2.1 Eligibility for the Digital Membership is set out in the ACS website (https://rivercitylabs.acs.org.au/the-labs.html).
2.2 The Digital Membership is for you as a single user with the option to nominate an additional user within your membership. You may not authorise third parties to use the Virtual Product or other services provided by ACS.
2.3 You are not permitted to copy or distribute any content of the Virtual Product. Upon acceptance by ACS of your application for Digital Membership, ACS grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable license to use the materials and access the Virtual Product within the Digital Membership in accordance with these terms.
3.1 If the ACS Labs Membership application is accepted by ACS, the ACS Labs Member will be granted access to the Virtual Product subject to payment of the Fees by the ACS Labs Member via the Credit Card. Payment will be due one month in advance, payable each month from the Commencement Date.
3.2 ACS may increase the Fees annually by three percent (3.0%) on the previous year’s Fee with at least 30 days’ notice to the ACS Labs Member.
3.3 The ACS Labs Member understands and agrees that if the ACS Labs Member increases the number of selected staff members entitled to access the Virtual Product, then ACS may increase the Membership Fee by giving written notice to the ACS Labs Member of the increase.
3.4 If the ACS Labs Member fails to pay the Fees or any part of the Fees by the due date reasonable interest may be payable on the outstanding amount.
3.5 There shall be no refund of any Fees or other amounts paid by the ACS Labs Member or individual members in connection with the Virtual Product or services offered.
3.6 ACS Labs Member must pay any Goods and Services Tax or similar tax payable in relation to the Fees.
3.7 ACS Labs will send invoices electronically to the email address provided at sign up.
4.1 ACS may at any time notify the ACS Labs Member in writing that this Agreement is terminated immediately if any of the following events occurs:
a) the ACS Labs Member (or its employees) breaches any of the Obligations set out in Schedule A and fails to remedy that breach (where capable of remedy) within 30 days of written notice by ACS to the ACS Labs Member;
b) payment of the Fees remains overdue after 14 days from the due date the Fees;
c) wilful misconduct fraud or dishonesty on the part of ACS Labs Member; or
d) an event happens or a change occurs in relation to the ACS Labs Member which will, in the reasonable opinion of ACS, have a material adverse effect on ACS Labs Members ability to meet its obligations under this Agreement.
4.2 If terminated pursuant to clause 4.1 the ACS Labs Member remains liable for all Fees up to the date of termination.
4.3 Either party may terminate this Agreement at any time and the termination will be effective from the next monthly billing period.
4.4 Upon termination of this Agreement, any Confidential Information or Benefits must be returned and/or no longer used and the ACS Labs Member must not use any trade mark of ACS or any words or images likely to cause confusion or deception.
5.1 The ACS Labs Member must not infringe the Intellectual Property Rights of ACS or a third party (including Third Party ACS Labs Members).
6.1 The ACS Labs Member must, (and procure any of its employees) to comply with Obligations set out in Schedule A including but not limited to compliance with ACS policies and procedures.
6.2 ACS may, from time to time amend the Obligations which will be available on ACS’ website (https://www.acs.org.au/memberships/professional-ethics-conduct-and-complaints.html).
6.3 ACS engages in the use of network management practices to manage situations such as network congestion and excessive users. These practices may be used to protect users from activity that can unreasonably burden the ACS network and may cause service degradation, including security attacks and network congestion.
7.1 The ACS Labs Member acknowledges that the Virtual Product may contain third party confidential information.
7.2 The ACS Labs Member must not access, obtain, use, or disclose any Third Party ACS Labs Member Confidential Information at anytime without the relevant Third Party ACS Labs Member's prior written consent.
7.3 The ACS Labs Member agrees that by accessing the Virtual Product, they accept and will adhere to the ACS Privacy Policy (https://www.acs.org.au/privacy-policy.html).
8.1 Subject to any applicable laws, ACS and the ACS Labs Member agree that all conditions and warranties express or implied, whether arising by virtue of statute or otherwise, are expressly excluded and ACS will not be under any liability to the ACS Labs Member or any other person for, and the ACS Labs Member releases and discharges ACS from any claim for, any loss or damage (including but not limited to direct, indirect or consequential loss or loss of profit) caused by, arising out of, relating or incidental in any manner to the Virtual Product.
8.2 ACS is not responsible for any technical malfunctions or security of any network or lines, applications or servers or providers.
8.3 ACS is not responsible for any loss or damage caused by service attack, virus or other technical harmful material that may infect your computer, device, programs or data due to your access to the Virtual Product or downloading of any material;
8.4 ACS is not responsible for any representations by third parties (whether associated to or introduced by ACS) and does not warrant the accuracy, completeness or adequacy of any representation by any third party and the ACS Labs Member must undertake their own inquiries and verify the accuracy of any representations by third parties (whether associated or introduced by ACS).
8.5 To the extent permitted by statute, ACS limits its liability for any breach of this Agreement, condition or warranty (including for any consequential or indirect losses) which the ACS Labs Member may sustain or incur to the total Fees paid by the ACS Labs Member under this Agreement in the preceding 12 month period to the event giving rise to a claim.
8.6 To the maximum extent permitted by law and subject to 8.5, the ACS Labs Member indemnifies ACS from any and all claims arising out of the use and access to the Virtual Products and/or any associated services, any breach of this Agreement or negligence except where caused by ACS’ wilful misconduct or negligence.
9.1 ACS may assign this Agreement in whole or in part to a third party by providing you notice in writing of 30 days.
10.1 This Agreement will be governed by the laws of New South Wales, Australia and all disputes arising out of this Agreement must be dealt with in the courts of New South Wales, Australia and the Parties submit to the jurisdiction of those courts.
“Commencement Date” means the date the ACS Labs Member application for the Virtual Product is accepted by ACS.
"Fees” means the Fees payable by the ACS Labs Member for access to the Virtual product and associated services.
“Intellectual Property Rights” means all present and future intellectual property rights of whatever nature (whether conferred by statute, common law, equity or otherwise) throughout the world, including rights in respect of or in relation to copyright, trademarks, designs, patents, trade secrets, know-how, product formulations, designs, circuit layouts, databases, business names, brand names, services marks and domain names, applications for any of the foregoing, rights to have information kept confidential and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registrable, registered or patentable.
“Privacy Act” means the Privacy Act 1988 (Cth).
"Third Party ACS Labs Member” mean any other ACS Lab Member including partners, mentors, tech professionals and interns;
"Third Party ACS Labs Members Confidential Information" means, in respect of a Third Party ACS Labs Member, all information concerning its business, products, services, systems, procedures and records (in whatever form, including in electronic format) and its relationships with its customers, suppliers and sub-contractors but not information that is already disclosed in the public domain.
“Virtual Product” means the products and services provisioned by the ACS Labs to the innovation and emerging technology sector in Australia via an online platform.
ACS Code of Professional Ethics
Adopted into the ACS National Regulations (NR4) on 14 March 2023
1 Preamble
The ACS's commitment is to a community served by an ethical and trustworthy ICT profession, and it strives to protect the public interest. To do this, the ACS seeks to promote the highest standards of ethics and technical knowledge, education and service excellence in its members and the wider profession in the practice of ICT to ensure the community overall benefits from the use of technology.
The use of information and communications technologies (ICT) has transformed society. ICT is used in every field of human endeavour, and its pervasiveness and impact are increasing. ICT is critical to the professions, employment, social interaction, recreation, and to the quality of life.
The competent application of ICT technical skills is necessary for the well-being of contemporary society; therefore the technical knowledge and skills of ICT professionals are important. But the way they are applied is what distinguishes a professional. Professionals are expected to promote good while working within ethical constraints.
While individuals and wider society are dependent on ICT, they may have limited understanding of, or control over, the systems upon which they rely. It is therefore beneficial to the well-being of society that those who plan, build, deploy and maintain these systems act at all times in an ethical and professional manner. As ICT professionals have specialist knowledge and expertise, they have a contingent responsibility for others in society.
ICT professionalism encompasses the values and principles that the profession and society expect from ACS members. This Code provides guidance to help practioners inform their behaviour within the ICT sphere and enable them to make proacIve decisions in complex situaIons, in the context of a rapidly changing profession.
This Code is based on a set of values and principles that are expected to underpin the professional conduct of ACS members. It establishes just what it is that the ACS values in its members’ behaviour, and the role of the ACS in supporting its members in view of the increased complexity and frequency of ethical issues raised in society over ICT developments.This Code, while influenced by legal requirements and informed by society’s expectations, goes beyond these to declare our values as they relate to our role in helping shape the society in which we live, and to address behaviours which are aimed at building and maintaining public trust in ICT professionals and the ACS as the professional society for ICT workers.
This Code is not intended to be exhaustive. It does not cover every possible situation that may be faced by members. It does, however, establish fundamental values, standards and supporIng material to guide the professional behaviour of ACS members and others working in ICT, both now and in the future, as circumstances and technologies change. Accordingly, members are expected to exercise judgement in every professional situation they face, guided by the ethical values and principles contained in this Code.
This Code has been developed by the ACS Professional Ethics Committee, which has taken account of input from members as well as considering the Codes of other comparable societies. Members may have obligations under other Codes of Ethics, but these should not detract from your obligations under this Code.
2 Values
ICT professionals are expected to practise the core values of honesty, trustworthiness, respect for others, and respect for the profession in alignment with their ICT-based role, context and capabilities.
2.1 Honesty
Honesty is a founding principle for healthy interactions between people and the design and function of ICT systems. As an ACS member, you are expected to:
a. Be honest, open and truthful in all interactions with employers, employees, clients, stakeholders, and the public.
b. Not misrepresent any action, situaIon or capability - of yours, your colleagues, your employer, or others with whom you interact, whether directly, indirectly or by omission.
c. Not remain silent when you detect unprofessional conduct.
2.2 Trustworthiness
Trustworthiness is a critical principle in upholding public welfare and human dignity as an ICT professional. As an ACS member, you are expected to:
a. Be accountable for all you undertake. Be prepared to take responsibility for failures as well as successes. Do what you say you are going to do; accept constructive criticism.
b. Practise integrity. Be consistent in your views, words and acIons. Declare and manage any conflicts of interest. Do not allow the undue influence of others or bias to prevent you complying with this Code.
c. Be proactive in developing life-long learning pracIces to stay current with changes to ICT knowledge, skills and professional standards that may impact your ability to perform your role and responsibilities in a trustworthy manner.
d. Respect the privacy, confidentiality and integrity of any personal or proprietary informaIon that comes into your possession, including data relating to individuals or other stakeholders.
e. Communicate your own capabilities clearly when accepting, performing and delivering work, including potential learning and growth gaps that may need to be addressed.
f. Not undertake work for which you do not have the necessary skills and knowledge.
g. Be competent in all that you attempt to undertake. Strive for quality and highlight resource constraints which may affect outcomes.
h. Develop systems which are robust, secure and user-friendly.
2.3 Respect
2.3.1 Respect for Others
Respect for others is an essential principle that underpins the interactions of an ICT professional. As an ACS member, you are expected to minimise harm to any stakeholders from your professional activities and:
a. For unavoidable harm, develop miIgation strategies.
b. Be respectful of the views and opinions of others. Respect their differences and take into account others’ points of view.
c. Be impartial and fair and do not discriminate unfairly against people in interpersonal interactions or in the design and function of systems.
d. Model and encourage inclusivity in all your work.
e. Support and contribute to a healthy workplace, that is respectful and supportive of others.
f. Identify and mitigate any risks to others associated with your work.
g. Respect others’ intellectual property.
2.3.2 Respect for the Profession
Respect for the Profession is an abiding principle that governs the roles and responsibilities of ICT professionals. As an ACS member, you are expected to:
a. Endeavour to educate the public about the benefits and drawbacks of ICT systems, and how to make considered choices about ICT systems.
b. Contribute to the public discourse on ICT matters affecting the dignity and wellbeing of people and communities within the scope of your ICT role and capabilities.
c. Seek to enhance, in the professional choices you make, the environmental sustainability of ICT systems and the overall quality of life of those affected by them. Ensure that the public interest is defended.
d. Encourage and support advancing the ICT knowledge and competence of others in the Profession.
e. Contribute to advancing ICT capabilities and systems for the greater good.
f. Acknowledge and participate in addressing ICT industry challenges.
g. Support the ongoing development of an open, diverse, and inclusive ICT industry.
h. Leverage collective ICT knowledge and advance the standing and respect afforded to the ICT Profession and the ACS in representing ICT professionals.