PicTrax Pty Ltd ACN 625 351 564
(a) Permission to use this App is conditional upon You agreeing to the terms set out below.
(b) This App, known as PicTrax – Share the Adventure and published by PicTrax Pty Ltd ACN 625 351 564, is offered to You on the condition that You read and accept all the terms of this licence and wish to become a licensee of the App. Acceptance will bind You to the terms of the licence, as well as the terms of any other documents referred to herein, including Our Privacy Policy. By installing and using this App, You will be deemed to have accepted the following terms. If You do not wish to accept the terms, You must immediately cancel the installation of the App.
(c) This End User Licence Agreement is a legally binding agreement between You and Us despite it being written in plain English. You should ensure that You read it, and any other document referred to within it, carefully before installing the App.
(d) Your acquisition of the App, and any subscription or in‑app purchase fees, is subject to the terms and conditions of the Google Play Store through which You acquire the App. All billing, renewals, cancellations, and refunds must be managed directly via Google Play. PicTrax does not store or process Your payment details.
In this Agreement, unless the context requires otherwise:
In this Agreement:
(a) a reference to:
(i) one gender includes the others;
(ii) the singular includes the plural and vice versa;
(iii) a person includes a body corporate;
(iv) a document includes that document as novated, altered, supplemented, or replaced;
(v) a Party includes its executors, administrators, successors, and permitted assigns;
(vi) a statute or regulation includes that provision as amended or re‑enacted and any replacement provision;
(vii) an amount of money refers to United States dollars ($USD), unless otherwise specified;
(viii) time refers to Australian Eastern Standard Time; and (ix) a Schedule refers to a Schedule contained in this Agreement.
(b) “including” and similar expressions are not words of limitation.
(c) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(d) Headings and the table of contents are for convenience only and do not affect interpretation.
(e) If an obligation must be performed on a non‑business day, it must be performed on the next business day.
(f) A provision must not be construed to the disadvantage of a Party merely because that Party was responsible for its preparation.
(a) Subject to Your compliance at all times with the terms of this EULA, and payment of any applicable subscription or in‑app purchase fees, We grant You a revocable, non‑exclusive, non‑transferable licence to use the App on the terms set out in this EULA.
(b) Your acquisition of the licence to use the App, and any applicable Fee, is subject to the terms and conditions of the Google Play Store through which You acquire the App. All billing, renewals, cancellations, and refunds must be managed directly via Google Play.
(c) The grant of rights is subject to fair use limits. PicTrax reserves the right to suspend an End User Account or terminate this Agreement where an End User’s use of the App, including use of storage or processor time, exceeds a level which PicTrax in its sole discretion deems excessive. In exercising its discretion, PicTrax may consider factors including but not limited to:
(i) impact the excessive use has on other End Users;
(ii) costs associated with the excessive use; and
(iii) level of use relative to other End Users.
You may not reproduce or adapt the App except to the extent expressly permitted by ss 47B(3), 47C, 47D, 47E and 47F of the Copyright Act 1968 (Cth).
You may install and use the App on multiple devices linked to Your Google account, if allowed by Google Play.
In order to use the App the End User must allow their mobile device access to the:
(a) geolocation services;
(b) image gallery; and
(c) camera.
This licence is granted on a subscription or in‑app purchase basis and remains valid while Your subscription or purchase is active. It may be terminated by Us pursuant to clause 18 or by cancellation of Your subscription through Google Play.
(a) We reserve the right to:
(i) alter or amend the App at any time in Our sole discretion; and
(ii) cease operation of all or any of the Facilities available through the App at any time without prior warning.
(b) We may deploy or provide patches, updates and modifications to the App that must be installed in order for You to continue to use it. We may update the App remotely and You hereby grant Us Your consent to deploy and apply such patches, updates and modifications as We determine are required.
(c) Where a patch or update is required, and You do not accept it, You acknowledge that You may not be able to use the App until You install the patch or update.
You do not acquire any express or implied Intellectual Property rights in the Service or the App beyond the right to use it as provided herein.
You acknowledge:
(a) Content that PicTrax uploads or submits to the Website is owned by PicTrax, and You do not obtain any right, title or interest in such Content;
(b) in order to provide the Service and make the Content available to other users, We may transmit Your Content across various public networks, in various media, and modify or change the Content to comply with technical requirements of connecting networks or devices. You agree the licence herein permits PicTrax to take such actions.
You must:
(a) access the Service in accordance with the instructions provided by Us from time to time;
(b) not copy, reproduce, translate, adapt, vary or modify the App without Our express written consent, except as expressly authorised by this EULA or Pt III Div 4A of the Copyright Act 1968 (Cth);
(c) not do anything which would infringe Our copyright in the App;
(d) comply with all applicable laws, statutes, and regulations in the jurisdiction in which You access the Service, as well as those of Australia; and
(e) consent to Us sending You electronic communications including emails, SMS messages and push notifications from within the App as reasonably necessary to provide You with the Service, including subscription and billing notices.
You agree:
(a) to pay the Price for any Content licensed through the App, with all payments processed via Google Play; and
(b) You will only use Content You have purchased or licensed for the Permitted Use, and such licences are non‑transferable.
(a) You must not:
(i) infringe PicTrax or any third party’s Intellectual Property in the Service, Content, or App;
(ii) upload photos which, in PicTrax’s sole discretion, constitute Advertising Material;
(iii) use the Service in any way that could damage the reputation of PicTrax or the goodwill or other rights enjoyed by PicTrax;
(iv) permit any third party to access the Service using Your account credentials or subscription;
(v) reproduce, make error corrections to, or otherwise modify or adapt the Intellectual Property in the Service or Documentation, or create any derivative works based on the Service or Documentation;
(vi) de‑compile, disassemble, decrypt, or otherwise reverse engineer the Service, or permit any third party to do so;
(vii) transfer, sublicense, rent, lease, lend, license, or otherwise assign the Service, including any attempt to share or transfer subscriptions across accounts or applications;
(viii) impersonate any other person or organisation;
(ix) access (or attempt to access) Services by any means other than through the interface(s) provided by Us;
(x) access (or attempt to access) Services through any automated means, including scripts, web crawlers, scraping, harvesting, or indexing;
(xi) reproduce, duplicate, or copy any part of the Services, Content, or the App for any purpose without prior written consent;
(xii) copy, modify, adapt, create a derivative work of, reverse engineer, de‑compile, or otherwise attempt to extract the source code of the Services, Content, or the App or any part of the foregoing;
(xiii) attempt to circumvent any security measures designed to protect the App, Service, and its Content, or limit access to the App, Service, and its Content; or
(xiv) modify or remove any copyright or proprietary notices associated with the App or the Service.
(b) You agree not to upload a photograph which:
(i) is not pinned to a location (either via embedded geo‑tags or by manual pinning within the App);
(ii) includes inaccurate or misleading geo‑tags or manual pins;
(iii) would cause You or PicTrax to breach any law, regulation, rule, code or other legal obligation;
(iv) is taken on private property without the consent of the property owner or occupants;
(v) contravenes any photographic restrictions, including photographs of items which in effect reproduce that item;
(vi) breaches a third party’s copyright or other Intellectual Property rights;
(vii) is derogatory or defamatory in nature, designed to be inflammatory, sexually explicit, entices racial hatred, portrays or encourages violence, constitutes harassment or bullying, or is otherwise intended to humiliate or intimidate a person or class of persons;
(viii) contains geo‑tagged or other file metadata from locations or containing information which You do not want to be made public (including but not limited to photographs taken from Your residence, school, or place of work containing geo‑tags);
(ix) misrepresents or falsely entices users to a location; or
(x) that PicTrax otherwise considers, in its sole discretion, to bring PicTrax into disrepute or have a negative impact on its good name.
Subject to clause 6.2, You grant PicTrax:
(a) a non‑exclusive, worldwide, royalty‑free licence to use, distribute, reproduce, modify, adapt, publish, translate, and display the Content solely for the purpose of operating, improving, and promoting the Service and the App; and
(b) the right to sublicense these rights to third parties in connection with the Permitted Use.
(a) Any Content marked as Private will:
(i) only be visible to third parties You authorise PicTrax to display the Content to; and
(ii) not be available to be sublicensed to a Customer.
(b) You acknowledge:
(i) by uploading Content, You are allowing other third parties, including those without an Account, to view that Content unless it is marked Private;
(ii) You are solely responsible for ensuring Content You upload is correctly marked as Private; and
(iii) Content will, by default, be publicly visible unless marked otherwise.
You expressly authorise Us to remove, restrict, or delete any Content You have uploaded if We deem it unsuitable, unlawful, or inconsistent with this Agreement, Google Play policies, or community standards.
(a) PicTrax will not sell or sublicense Your Content to a third party unless You have expressly marked the Content as available for Licensing through the Service.
(b) If You mark Your Content as available for Licensing, PicTrax will make available to the Customer a non‑exclusive, non‑transferable, non‑sublicensable licence to download and use Your Content for the Permitted Use. Such licences will be perpetual unless otherwise specified at the time of licensing.
(c) Where Your Content is sublicensed, PicTrax will make payment to You in accordance with clause 7.2.
PicTrax will pay the End User a Sublicence Fee for Content sublicensed by PicTrax:
(a) in accordance with the Payment Terms published on the Website or Google Play listing; and
(b) in the amount of the Sublicence Fee applicable at the time the Content is licensed.
PicTrax provides support for the Service online via https://pictrax.com/support/. Support is limited to technical assistance and guidance on the use of the App and Service.
(a) We take reasonable steps to monitor Content submitted by End Users.
(b) We commit to remove or disable access to Content as soon as reasonably practical after being notified that such Content may:
(i) breach copyright or other intellectual property rights;
(ii) be defamatory; or
(iii) otherwise be claimed to be unlawful.
(c) To notify Us of a claimed infringement of copyright, please use the in‑app reporting function, email report@pictrax.com, or submit via https://pictrax.com/report. A valid notification must include:
(i) identification of the Content in which copyright is claimed;
(ii) information about the complaining party (“Complainant”), including name, address, telephone number, and email address;
(iii) an electronic or physical signature of the copyright owner, or their authorised agent, of the allegedly infringing material;
(iv) a statement that the Complainant has a good‑faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, agent, or the law; and
(v) a statement that the information in the notification is accurate and, under penalty of perjury, that the Complainant is authorised to act on behalf of the copyright owner.
(a) If Your Content is removed or disabled as a result of a copyright notification, You may submit a counter‑notification to PicTrax.
(b) A valid counter‑notification must include:
(i) identification of the Content that has been removed or disabled and the location at which the Content appeared before it was removed or disabled;
(ii) a statement under penalty of perjury that You have a good‑faith belief the Content was removed or disabled as a result of mistake or misidentification;
(iii) Your name, address, telephone number, and email address;
(iv) Your consent to the jurisdiction of the courts of Queensland, Australia, and to accept service of process from the Complainant or their authorised agent; and
(v) Your electronic or physical signature.
(a) Upon receipt of a valid counter‑notification, PicTrax may forward it to the Complainant.
(b) Unless the Complainant notifies PicTrax within 14 days that they have filed an action seeking a court order to restrain You from engaging in infringing activity, PicTrax may reinstate the Content.
(c) PicTrax reserves the right to maintain removal of Content if it reasonably determines reinstatement would breach applicable law or Google Play policies.
(a) We may obtain information from, and send information to, third‑party software only where You have expressly authorised such integration through Your device or via the App.
(b) By using the App, You authorise Us to exchange information with the respective third party that You have enabled, solely for the purpose of providing or enhancing the Service.
(a) If a web interface is made available to users of the App, You authorise Us to transmit data to the web application only to the extent necessary for Us to provide the services associated with the App.
(b) We will provide You with access to that web interface as required, and any data transmitted will be handled in accordance with Our Privacy Policy and applicable law.
(a) The End User must keep all usernames and passwords to the Service strictly confidential and secure.
(b) The End User is responsible for:
(i) all activity that occurs via the Service and the App using their Account, whether authorised or not;
(ii) maintaining the security of their username and password; and
(iii) ensuring all Account Data is complete, correct, and kept up to date.
(a) Each End User is responsible for ensuring that they are the sole person entitled to use the Service and the App under their Account, and that they are capable of complying with the terms contained in this Agreement.
(b) If an End User becomes aware of any unauthorised use of their Account, they must notify Us immediately by email at the address for notices set out in clause 19.
(c) You agree to provide true, accurate, and complete information relating to Your PicTrax Profile and Content, including but not limited to information relating to the date, location, and equipment used in connection with creation of the Content.
(d) By creating a PicTrax Profile, You consent to the PicTrax Privacy Policy, which is incorporated herein by reference and governs PicTrax’s collection, processing, storage, and transfer of Content and data submitted by You, including data relating to You, Your Profile, Your Content, or other personal information. You agree that Your Personal Data may be collected, processed, stored, and transferred to jurisdictions other than Your home jurisdiction, subject to applicable law.
(e) PicTrax reserves the right to refuse to establish an Account or Profile, or to close any existing Account or Profile, for reasons including but not limited to fraud, intellectual property infringement, violation of a third party’s rights (including privacy or publicity), artificially inflating Likes or Like Actions, submission of material that is obscene, violent, defamatory, or otherwise inconsistent with PicTrax’s guidelines, failure to comply with this Agreement, or for convenience.
(f) PicTrax will terminate Your Account/Profile no later than ninety (90) days following receipt of a written termination request from You. For clarity, prior to termination becoming effective, Your Content may remain available for licensing by PicTrax customers.
(g) You may remove Content from Your Account at any time.
(h) If Your Profile is terminated for any reason, You must obtain written authorisation from PicTrax prior to establishing another Profile. You may not have more than one active Profile or Account at any time without PicTrax’s prior written consent.
(i) You may not submit identical Content to more than one Account or Profile without PicTrax’s prior written consent.
(a) PicTrax may be available via a subscription plan (e.g., $1 per month, including a one‑month free trial, where offered). By subscribing, You agree to pay the subscription fee in accordance with the terms and conditions of Google Play.
(b) All subscription payments are processed exclusively via Google Play. PicTrax does not store, process, or have access to Your payment details.
(c) The subscription will automatically renew each month unless cancelled prior to the renewal date. Renewal fees will be charged to Your Google account.
(a) To cancel Your subscription, You must do so via Google Play on Your Android device. Cancellation through the App or PicTrax website will not stop future payments.
(b) If You cancel during the free trial period (where offered), You will retain access to App features until the end of the trial, after which access will cease.
(a) All subscriptions and in‑app purchases are managed by Google. Any refund requests must be made directly to Google Play and will be handled in accordance with Google’s refund policy. PicTrax does not issue refunds directly.
By installing and using the App, You acknowledge that the PicTrax Privacy Policy applies to Your use of the Service. The Privacy Policy is available at https://www.pictrax.com/privacy-policy/ and is incorporated into this Agreement by reference.
You acknowledge and agree that:
(a) PicTrax may process limited personal information necessary to operate the Service, such as Account credentials, subscription status, and Content You upload;
(b) PicTrax does not collect or store payment information, which is managed exclusively by Google Play;
(c) PicTrax does not collect sensitive personal data unless voluntarily submitted by You through Content uploads, and You remain solely responsible for ensuring such Content does not disclose information You wish to keep private;
(d) Your details may be provided to third parties only where necessary for the Service to operate effectively, subject to confidentiality obligations; and
(e) information about You may be transferred to jurisdictions outside Your home country, subject to applicable privacy laws and safeguards.
You are responsible for ensuring that any Content You upload does not disclose personal information You wish to keep private, including geotags, metadata, or identifiable details of Your residence, workplace, or school.
(a) All subscription payments and related personal information (including billing details) are managed exclusively by Google in accordance with the Google Play Terms of Service and Privacy Policy.
(b) PicTrax does not access, store, or process Your payment information.
(c) Any requests relating to payment data, refunds, or billing must be directed to Google.
PicTrax will handle personal information in accordance with:
(a) the Australian Privacy Act 1988 (Cth);
(b) the PicTrax Privacy Policy;
(c) applicable international privacy and data protection laws; and
(d) Google Play requirements relating to user data and privacy disclosures.
(a) The End User accesses and uses the App and Service at their own risk.
(b) The End User is responsible for ensuring compliance with all applicable laws in their jurisdiction, in addition to the obligations contained in this Agreement.
(a) PicTrax makes the App and Service available for use but does not assume, and expressly disclaims, any duty of care to the End User.
(b) PicTrax does not provide professional advice, and the App and Service should not be relied upon as a substitute for independent judgment or investigation.
(a) PicTrax makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability, or fitness for purpose of Content uploaded by End Users.
(b) End Users must make their own investigations to ensure the App and Service are fit for the purposes for which they intend to use them.
(a) Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other condition implied or imposed by legislation which cannot lawfully be excluded or limited.
(b) Such legislation includes the Australian Consumer Law, which provides non‑excludable guarantees that protect consumers in certain circumstances.
(a) Except as required by law, the App, Service, and Documentation are provided to the End User on an “as is” and “as available” basis, without any representations or warranties of any kind.
(b) PicTrax does not guarantee that the App or Service will be uninterrupted, error‑free, secure, or free from viruses or other harmful components.
(c) PicTrax makes no warranty regarding the accuracy, completeness, reliability, merchantability, fitness for a particular purpose, satisfactory quality, or non‑infringement of Content uploaded by End Users.
(a) Use of the App and Service depends on factors outside PicTrax’s control, including internet connectivity, device performance, and third‑party platform availability.
(b) The Service may be unavailable from time to time due to maintenance, outages, or unforeseen circumstances.
(a) Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other condition implied or imposed by legislation which cannot lawfully be excluded or limited.
(b) Such legislation includes the Australian Consumer Law, which provides non‑excludable guarantees that protect consumers in certain circumstances.
(c) Where liability cannot be excluded under the Australian Consumer Law, PicTrax limits its liability, to the extent permitted by law, to:
(i) resupplying the App or Service; or
(ii) paying the cost of having the App or Service resupplied.
(a) PicTrax takes reasonable steps to discourage unauthorised use of Content, including watermarking, disabling right‑click saving, and requiring user authentication.
(b) However, PicTrax cannot guarantee that End Users will be unable to copy, reproduce, or misuse Content. PicTrax disclaims liability for any infringement of Your intellectual property rights by other End Users, except as required by law.
(a) You are liable for any loss or damage directly or indirectly caused by Your breach of this Agreement.
(b) You are also liable for any misuse of the App or Service, including infringement of intellectual property rights, violation of privacy, or unlawful conduct.
(a) Except as required by law, PicTrax excludes all liability for claims, expenses, loss, damage, or costs incurred by You arising out of or in connection with Your use of, or inability to use, the App or Service.
(b) This exclusion applies to economic loss, reputational damage, loss of access to Content, interruption of business, or any consequential or incidental damages.
(a) Subject to clause 15.4, PicTrax’s total liability to You for breach of contract, tort (including negligence), or any other cause is limited to:
(i) the total subscription fees paid by You in the one (1) month period immediately preceding the day upon which liability arose; or
(ii) if no subscription fees were paid, the resupply of the App or Service.
(b) This limitation applies regardless of the form of action, whether in contract, tort, equity, or otherwise.
(a) Nothing in this Agreement excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other condition implied or imposed by legislation which cannot lawfully be excluded or limited.
(b) Such legislation includes the Australian Consumer Law, which provides non‑excludable guarantees that protect consumers in certain circumstances.
(c) Where liability cannot be excluded under the Australian Consumer Law, PicTrax limits its liability, to the extent permitted by law, to:
(i) resupplying the App or Service; or
(ii) paying the cost of having the App or Service resupplied.
You agree to indemnify, defend, and hold harmless PicTrax Pty Ltd, its directors, officers, employees, contractors, and affiliates from and against any and all claims, proceedings, demands, liabilities, losses, damages, expenses, and costs (including reasonable legal fees on a full indemnity basis) arising out of or in connection with:
(a) Your breach of this EULA;
(b) any Content You create, upload, or disseminate using the App or Service;
(c) Your negligent acts or omissions;
(d) Your actual or alleged breach of any law, regulation, or code of conduct; or
(e) any claim brought by or on behalf of a third party relating to Your acts or omissions, including infringement of intellectual property rights, violation of privacy, or misuse of Content.
(a) This indemnity applies whether the claim arises in contract, tort (including negligence), equity, or otherwise.
(b) The indemnity is continuing and remains in force after termination of this Agreement.
(c) PicTrax reserves the right to assume the defence and control of any matter subject to indemnification by You, in which case You agree to cooperate fully with PicTrax in asserting any available defences.
16.3 Consumer law protections
Nothing in this Section limits or excludes any rights or remedies available to You under the Australian Consumer Law or other applicable legislation, to the extent such rights cannot lawfully be excluded.
17. Google Play Platform
17.1 Application
This clause applies if You have obtained the App through the Google Play platform (Google Play™). In the event of a conflict between a provision of this clause and any other provision of this EULA, the provision of this clause will prevail.
17.2 Acknowledgement
You and PicTrax acknowledge that this EULA is between You and PicTrax, and not with Google. PicTrax, not Google, is responsible for the App and the Content of the App.
17.3 IP Rights
You and PicTrax acknowledge that, in the event of any third‑party claim that the App or Your possession and use of the App infringes the third party’s intellectual property rights, PicTrax, not Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
17.4 Product claims
You and PicTrax acknowledge that PicTrax, not Google, is responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to:
(a) product liability claims;
(b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection or similar legislation.
17.5 Support
PicTrax is solely responsible for maintenance and support services for the App, if required by applicable law. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
17.6 Warranty
PicTrax, not Google, is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by this EULA.
17.7 Refunds
Refunds for purchases made via Google Play are managed by Google and are subject to Google’s refund policies. PicTrax does not issue refunds directly.
17.8 Reinstalls
(a) You may be entitled to reinstalls of the App via Google Play, subject to Google’s policies.
(b) If the App is removed from Google Play due to allegations of IP infringement, defamation, privacy violations, or non‑compliance with law, Your right to reinstall may not apply.
(c) To the extent permitted by law, PicTrax has no liability if reinstalls are unavailable due to the circumstances described in clause 17.8(b).
PicTrax, in its sole discretion, may suspend an Account at any time if:
(a) You breach a term of this EULA;
(b) You have not accessed the account and no transaction has occurred on the account for a period greater than 12 months;
(c) You have used the App or Service to engage in any conduct which is illegal, fraudulent, harassing or abusive;
(d) pursuant to clause 3.1(c), Your use of the App or Service exceeds fair use limits; or
(e) You have otherwise engaged in conduct which We reasonably determine to be inappropriate or unacceptable.
We may terminate this EULA and Your access to the Service without notice if:
(a) We no longer have the right to provide the App or Service to You for any reason whatsoever;
(b) You breach a material term of this EULA which is not capable of being remedied or is not remedied within fourteen (14) days of Us first notifying You of such breach;
(c) We cease to provide the Service;
(d) pursuant to clause 3.1(c), Your use of the Service exceeds fair use limits;
(e) You become the subject of any bankruptcy or insolvency proceedings;
(f) You seek a refund of any Fee paid via Google Play; or
(g) for any other reason after the Account remains suspended for a period greater than one (1) calendar month.
Where a Fee is required:
(a) the payment of the Fee is an essential term of this EULA; and
(b) PicTrax may terminate this EULA by providing the End User with seven (7) days’ notice after the End User fails to pay the Fee.
(a) On termination of this EULA for whatever reason, the End User:
(i) must stop using the App and Service within seven (7) days;
(ii) must permanently delete all copies of the App;
(iii) must return or destroy all copies of any Documentation; and
(iv) agrees that the balance of any prepaid Fee is forfeited.
(b) At PicTrax’s sole discretion, after this EULA is terminated, the Account Data may be deleted and become irretrievable by the End User.
(a) You may cancel Your subscription at any time via Google Play on Your Android device.
(b) Cancellation through the App or PicTrax website will not stop future payments.
(c) Access to the App will continue until the end of the current billing period or free trial (where applicable), after which access will cease.
For all correspondence, including Notices in relation to this EULA, please contact PicTrax Pty Ltd as follows:
Postal address: York Street, Nundah, QLD, 4012, Australia
Telephone: +61 (0)423 914 017
Email: hello@pictrax.com
(a) PicTrax may contact You using the most recent contact details recorded in Your Account.
(b) If multiple contact details are recorded, PicTrax will use the most recent details available.
(c) Notices will be deemed validly given if sent to the nominated email address in clause 19.1 or to the email address recorded in Your Account.
(a) Notices must be in writing and may be delivered by email, post, or other electronic communication methods reasonably used in the course of providing the Service.
(b) Electronic notices are deemed received on the day they are sent, provided no delivery failure notification is received.
(c) Postal notices are deemed received five (5) business days after posting.
You are responsible for ensuring that Your contact details are accurate and kept up to date. Failure to do so may result in You not receiving important notices relating to Your Account or the Service.
No representation or warranty is made that the Content complies with the laws of any country outside Australia. If You access the App or Service from outside Australia, You do so at Your own risk and are responsible for compliance with local laws.
(a) PicTrax may assign or transfer any of its rights and obligations under this EULA by providing notice to You.
(b) You may not assign or transfer Your rights under this EULA without PicTrax’s prior written consent, which may be granted or withheld at PicTrax’s sole discretion and may be subject to conditions.
This EULA constitutes the entire agreement between the Parties in connection with its subject matter and supersedes all prior agreements, understandings, or representations, except as expressly provided herein.
Each Party must do all things reasonably necessary to give full effect to this EULA and the transactions contemplated by it.
(a) This EULA is governed by the laws of Queensland and Australia.
(b) The Parties submit to the non‑exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
The rights and obligations of the Parties under this EULA do not merge on completion of any transaction contemplated by this Agreement.
This EULA does not create or evidence a partnership, joint venture, fiduciary relationship, or principal‑agent relationship between the Parties.
If any provision of this EULA is found to be unenforceable, illegal, or void, that provision will be severed, and the remainder of the EULA will continue in full force and effect.
Any clause which is expressed to survive, or which by its nature is intended to survive termination of this EULA, will continue in effect after termination.
Each Party represents and warrants that, as at the date of this EULA:
(a) it has taken all necessary action to authorise its entry into and performance of this EULA;
(b) it has the power to enter into and perform its obligations under this EULA; and
(c) its obligations under this EULA are valid, binding, and enforceable in accordance with its terms.