Copart India- Terms and Services

TERMS OF SERVICE

Last updated on: 25 March 2015

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology (Intermediaries Guidelines) Rules, 2011.

1. ELECTRONIC MEDIA

1.1 Please note that (a) the domain name copart.in (the "Website"); and (b) the software application for use on small, wireless computing devices such as smartphones and tablets and also for use on desktop or laptop computers ((a) and (b) hereinafter collectively referred to the "Electronic Media") is owned by Copart India Private Limited (a private limited company incorporated in accordance with the laws of India) either itself and/or through its parent company, its subsidiaries or its affiliates.

2. ACCEPTANCE OF TERMS

2.1 Copart India Private Limited either itself and/or through its parent company, its subsidiaries and its affiliates (hereinafter collectively referred to as "Copart") provide their online products, software applications, services and content to you ("Service") through the Electronic Media subject to the following Terms of Service ("TOS"), which may be updated, amended or revised by us from time to time without notice to you.

2.2 Please read the following TOS. Any access to and use of the Electronic Media by you / a user of the Electronic Media ("User") will be strictly governed by the TOS and is based on the condition that the User agrees to the TOS. By using the Electronic Media and/or the Services, the User and the User’s organization, if any, expressly signify their consent to agree and be bound by the TOS. You can review the latest version of the TOS at any time on the Electronic Media. Any continuous use of the Electronic Media by the User will mean that the User accepts those updations, amendments and revisions to the TOS as well.

2.3 In addition, when using any particular Service, you shall be subject to any guidelines, rules, Privacy Policy and/or other applicable policies and procedures (“Copart Policies”) and the Terms and Conditions of Purchase and Use, applicable to such Service, which shall be posted on the Electronic Media from time to time. The Copart Policies and the Terms and Conditions of Purchase and Use are available at the following links:

All such Copart Policies are and the Terms and Conditions of Use and Purchase are deemed to be incorporated by reference into the TOS. Therefore, by impliedly or expressly agreeing to be bound by the TOS, the Users also agree to be bound by the Copart Policies, as may be updated, amended or revised from time to time.

2.4 For the purpose of these TOS, wherever the context so requires, references to "you" shall mean the "User" and references to "us" or "we" shall mean "Copart".

3. USER ACCOUNT, PASSWORD AND SECURITY

3.1 Use of the Electronic Media is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872. Persons "incompetent to contract" pursuant to the Indian Contract Act, 1872 (including minors, undischarged insolvents) are not eligible to use the Electronic Media. By continuously using and accessing the Electronic Media, the User expressly signifies his /her consent to be above 18 years of age.

3.2 You can become a member of and have your own account with Copart by registering with us. At the time of registration, you will be required to given certain information and also click the "I have read these Terms and Conditions" tab. By clicking on the "I have read these Terms and Conditions" tab, you will be deemed to have agreed to provide the information requested by us and also be deemed to have accepted the Terms and Conditions of Purchase and Use. If you complete the registration process, you will receive a username and password ("User Data") linked to your account with Copart. You should provide accurate information at the time of registration and update such information from time to time in case of any change thereto. You are solely responsible for maintaining the confidentiality of the User Data and are fully responsible for all activities that occur under your User Data and account. All Users are hereby specifically instructed to log-in into their respective accounts only. Please note that in case you are a minor, you are not eligible to register as a 'User' of the Electronic Media and transact on the Electronic Media. Copart reserves the right to terminate your account and/or deny access to the Services in case Copart becomes aware of you being under the age of 18 years.

3.3 You expressly agree to (a) immediately notify Copart of any actual or potential unauthorized use of your User Data or account or any breach of security or any breach of these TOS by a third party; and (b) log-out from your account at the end of each session in order to ensure complete security and secrecy of your data and Copart’s data. Upon receiving a notification of any actual or potential unauthorised use, Copart will take action to block access to such account and User Data at the earliest and take all other actions as required under law . You agree that Copart cannot and will not be liable for any loss or damage arising from your failure to comply with the TOS.

3.4 Please note that any person accessing the Electronic Media and registering on the Electronic Media on behalf of any other person or entity or organization ("Authorising Entity") shall be deemed to have been duly authorised by the Authorizing Entity for this purpose and also to carry out the activities on the Electronic Media. Copart will not be liable for any activities executed on behalf of any Authorizing Entity by a person not authorised by such Authorizing Entity.

3.5 Further, by using the Electronic Media or sending emails, data, information or communication to Copart through the Electronic Media you consent to receive communications via electronic records from Copart periodically and as and when required.

4. MODIFICATIONS

4.1 Copart reserves the right, at any time and from time to time, to modify, suspend or discontinue (temporarily or otherwise) the Service (or any part thereof) and/or operation of the Electronic Media without any prior notice to you. You agree that Copart shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or the Electronic Media.

5. TRANSACTIONS ON THE ELECTRONIC MEDIA

5.1 The Electronic Media are only a platform that may be used by the sellers to explore a market with large base of potential customers for availing the Services. Copart is not and cannot be a party to or control any transaction between the Users and/or be responsible for the information shared by the Users with each other.

5.2 By accepting the TOS, you agree that Copart does not have any control of or liability in relation to the vehicles that are listed on the Electronic Media.

5.3 All contracts on the Electronic Media shall be bipartitie contracts and Copart shall in no event be a party to any contract between the Users.

6. TERMS OF USE OF THE ELECTRONIC MEDIA

In addition to other restrictions that may be set forth in the TOS, the User agrees not to:

  1. (a) host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and in relation to which it does not have any right of use;
    2. infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person;
    3. is false or misleading in any way;
    4. violates any law for time being in force;
    5. harasses or advocates harassment of another person;
    6. involves the transmission of "junk mail", "chain mail" or unsolicited mass mailing or "spamming";
    7. promotes illegal activities or abusive, obscene, defamatory or libellous conduct;
    8. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
    9. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
    10. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    11. deceives or misleads the other Users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
    12. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
    13. promotes an illegal or unauthorized copy of another person's copyrighted work;
    14. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    15. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    16. tries to gain unauthorized access or exceeds the scope of authorized access to the Electronic Media or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Electronic Media or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    17. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Electronic Media or any other website, application, software contains content that would be prohibited or violates the letter or spirit of these TOS;
  2. use or access any service, information, application or software available via the Electronic Media in a manner not expressly permitted by Copart;
  3. incorporate any computer contaminant, software virus or any computer code or file or program on the Electronic Media designed to interrupt, destroy or limit the functionality of the Electronic Media;
  4. incorporate or introduce any program on the Electronic Media that might infringe the intellectual property rights of any other User or of Copart;
  5. in any manner reveal confidential or proprietary information of any other User, third party or Copart;
  6. download, copy, reproduce any file or information available on the Electronic Media that the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;
  7. in any way deface or vandalize this Electronic Media or prevent or restrict others from using this Electronic Media;
  8. infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or fraudulent or involve the sale of counterfeit or stolen vehicles / products;
  9. impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
  10. directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  11. create liability for Copart or cause Copart to lose (in whole or in part) the services of its internet service provider or other suppliers.

6.2 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Electronic Media or any Service, or in any way reproduce or circumvent the navigational structure or presentation of the Electronic Media or any Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Electronic Media. We reserve the right to bar any such activity.

6.3 You shall not attempt to gain unauthorized access to any portion or feature of the Electronic Media, or any other systems or networks connected to the Electronic Media or to any server, computer, network, or to any of the services offered on or through the Electronic Media, by hacking, password “mining” or any other illegitimate means.

6.4 You shall not probe, scan or test the vulnerability of the Electronic Media or any network connected to the Electronic Media nor breach the security or authentication measures on the Electronic Media or any network connected to the Electronic Media. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Electronic Media, or any other customer, including any account on the Electronic Media not owned by You, to its source, or exploit the Electronic Media or any service or information made available or offered by or through the Electronic Media, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Electronic Media.

6.5 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Copart or the brand name or domain name used by Copart including the terms [such as Copart, Copartmea], or otherwise engage in any conduct or action that might tarnish the image or reputation of Copart or other Users on the Electronic Media or otherwise tarnish or dilute any of Copart’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Copart.

6.6 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Electronic Media or any service offered on or through the Electronic Media.

6.7 You may not use the Electronic Media or any content for any purpose that is unlawful or prohibited by these TOS, or to solicit the performance of any illegal activity or other activity which infringes the rights of Copart and/or others.

6.8 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including the provisions of any applicable exchange control regulations) and international laws, statutes, ordinances and regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding use of the Services and listing, purchase, solicitation of offers to purchase, and sale of vehicles / products. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Exchange Control Regulations for the time being in force.

6.9 No User shall solicit (directly or indirectly) any other Users of the Electronic Media to (i) avail any service which is similar to or same as the Service from a third party; and (ii) buy or sell any vehicles / products being displayed on the Electronic Media either independently or through a third party.

6.10 The User shall indemnify and hold harmless Copart, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by Copart due to or arising out of breach of this TOS and other policies of Copart by the User.

6.11 To enable use of your information supplied by you to us, so that use of any such information by us is not construed as a violation of any rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the TOS and Copart Policies applicable to use of the Electronic Media.

6.12 We reserve the right, but have no obligation, to monitor the materials posted on the Electronic Media and shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these TOS. Notwithstanding this right, you shall remain solely responsible for the content of the materials you post on the Electronic Media and in your private messages.

6.13 It is possible for other Users to obtain your personal information due to your use of the Electronic Media and such recipient may harass or injure you. We do not approve of such unauthorized uses, but by using the Electronic Media you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Electronic Media. Please carefully select the type of information that you publicly disclose or share with others on the Electronic Media.

7. TERMINATION

7.1 Copart, in its sole discretion, reserves the right to terminate any account (or any part thereof) or deny acess to any account or User Data or use of the Service or remove and discard any content within the Service, for any reason, including, without limitation:

  1. for lack of use of the account; or
  2. registration of any account using false or misleading information; or
  3. violation or inconsistent acts with the letter or spirit of the TOS; or
  4. violation of any applicable laws.

7.2 You acknowledge and agree that Copart may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Copart shall not be liable to you or any third-party for any termination of your account or denial of access to the Service. In the event of termination of your account by Copart due to any of the aforementioned reasons, Copart shall have the sole discretion to terminate or cancel any of your past acts without any liability to Copart.

7.3 You may, by giving a written notice to us at [email protected], terminate or deactivate your account at any time and/or remove any data or files uploaded by you on the account or request us to do the same. Provided that such deactivation or termination either by you or by us will not prejudice any of your past lawful acts on the Electronic Media.

8. COPART"S PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION

8.1 You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information of Copart that is protected by applicable intellectual property, information technology and other laws. You further acknowledge and agree that the general layout, content and design of the Electronic Media and the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Electronic Media structure shall not be reproduced, distributed or published, in whole or in part, by you for any purpose without the prior express consent of Copart.

8.2 Except as expressly authorized by Copart, you shall not modify, rent, transmit, display, publish, lease, license, loan, sell, distribute or create derivative works based on the Service or the Software or any content of the Electronic Media, in whole or in part.

9. CONTENTS ON THE ELECTRONIC MEDIA

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork in relation to the vehicles / products sold on the Electronic Media is the property of Copart.

10. DISCLAIMER OF WARRANTIES

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:

  1. USE OF THE SERVICE AND THE ELECTRONIC MEDIA IS AT THE SOLE RISK OF THE USER. THE SERVICE AND ANY OTHER CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SO FAR AS PERMITTED BY LAW, COPART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR OR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. COPART MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET THE REQUIREMENTS OF THE USER; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT; (iv) THE QUALITY OF ANY VEHICLES / PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE EXPECTATIONS OF THE USER; AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT SOLE RISK OF THE USER AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COPART, OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. COPART IS NOT RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY OF INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTIONS, LOST/DELAYED DATA TRANSMISSION, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY TELEPHONE NETWORK, COMPUTER EQUIPMENT, SOFTWARE OF ANY COMBINATION THEREOF, OR INABILITY TO ACCESS THE ELECTRONIC MEDIA.
  6. COPART DOES NOT ENDORSE ANY VEHICLE / PRODUCT TRANSACTED ON THE ELECTRONIC MEDIAAND ACCEPTS NO LIABILITY FOR ERRORS OR OMISSIONS, WHETHER ON BEHALF OF ITSELF OR ANY THIRD PARTY OR ANY OF THE USERS. BUYERS AND SELLERS ARE REQUIRED TO EXERCISE THEIR DISCRETION WHILE MAKING DECISIONS.
  7. FURTHER COPART DOES NOT GUARANTEE DUE PERFORMANCE OF ANY CONTRACT BY THE BUYERS AND THE SELLERS AND SHALL NOT BE RESPONSIBLE FOR ANY BREACH/NON-PERFORMANCE BY THE BUYER OR THE SELLER. COPART SHALL NOT BE RESPONSIBLE FOR ANY DISPUTE RESOLUTION OR MEDIATION BETWEEN BUYERS AND SELLERS.
  8. AT NO POINT IN TIME SHALL COPART HOLD ANY RIGHT, TITLE OR INTEREST OVER THE VEHICLE /PRODUCTS EXCEPT BY WAY OF POSSESSION OF THE VEHICLE /PRODUCTS AS A BAILEE OF THE VEHICLE / PRODUCTS. COPART IS IN POSSESSION OF THE VEHICLES / PRODUCTS ON AN 'AS IS' BASIS AND DOES NOT REPRESENT THE SPECIFICS OF THE VEHICLES / PRODUCTS (VALUE, SALEABILITY, USABILITY, QUALITY, LEGAL TITLE, ETC.) TRANSACTED ON THE ELECTRONIC MEDIA. COPART IS NOT RESPONSIBLE FOR QUALITY, SHIPMENT, PACKAGING, STORAGE DAMAGES, ETC. OF THE VEHICLE / PRODUCTS.
  9. COPART SHALL NOT BE RESPONSIBLE FOR ANY PAYMENTS MADE / TO BE MADE BY THE BUYERS. COPART SHALL COLLECT PAYMENTS ON BEHALF OF THE SELLERS FROM THE BUYERS ONLY AS AGENT OF THE SELLER. ALL PAYMENTS MADE ON OR THROUGH THE ELECTRONIC MEDIASHALL BE IN ACCORDANCE WITH THE LAWS OF REPUBLIC OF INDIA AND THE PARTIES MAY BE REQUIRED TO SUBMIT IDENTITY PROOF AND OTHER SUPPORTING DOCUMENTS. BY CONCLUDING TRANSACTIONS ON THE ELECTRONIC MEDIA, THE USERS ARE AUTHORIZING COPART TO COLLECT, PROCESS AND REMIT THE PAYMENTS.
  10. ALL INFORMATION AND CONTENT PROVIDED ON THE ELECTRONIC MEDIAIS INTENDED TO BE GENERAL IN NATURE AND THE USER SHOULD NOT RELY SOLELY ON IT IN CONNECTION WITH MAKING ANY DECISION. COPART TRIES TO ENSURE THAT ALL INFORMATION PROVIDED ON THE ELECTRONIC MEDIAIS CORRECT AT THE TIME OF INCLUSION ON THE ELECTRONIC MEDIABUT DOES NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION. COPART IS NOT LIABLE FOR ANY ACTION TAKEN AS A RESULT OF RELIANCE ON SUCH INFORMATION OR ADVICE OR FOR ANY LOSS OR DAMAGE SUFFERED AS A RESULT OF ANY ACTION TAKEN.
  11. COPART DOES NOT GUARANTEE THAT THE ELECTRONIC MEDIAIS FREE FROM VIRUSES AND THE USER SHALL, FOR ITS OWN PROTECTION, TAKE NECESSARY STEPS TO ENSURE APPROPRIATE SECURITY MEASURES AND MAY UTILIZE A VIRUS SCANNER BEFORE DOWNLOADING ANY INFORMATION, SOFTWARE OR DOCUMENTATION.
  12. ANY LINKS TO OTHER WEBSITES/PORTALS ON THE ELECTRONIC MEDIAARE ONLY FOR CONVENIENCE AND COPART SHALL NOT RESPONSIBLE FOR THE CONTENTS AND RELIABILITY OF SUCH LINKED WEBSITES/APPLICATIONS AND PORTALS. FURTHER, PRESENCE OF ANY LINKS OR PORTALS ON THE ELECTRONIC MEDIASHOULD NOT BE ASSUMED AS ENDORSEMENT OF ANY KIND BY COPART.
  13. ALL VEHICLES / PRODUCTS TRANSACTED ON THE ELECTRONIC MEDIAWILL BE SUBJECT TO THE RELEVANT STATE LAWS AND IN THE EVENT SUCH PRODUCTS ARE NOT DELIVERED TO THE BUYER DUE TO ANY RESTRICTION THEN COPART SHALL NOT BE LIABLE FOR THE SAME.

11. LIMITATION OF LIABILITY

RELIANCE ON ANY SERVICE, CONTENT OR ANY MATERIAL AVAILABLE THROUGH THE ELECTRONIC MEDIA, IS DONE BY THE USERS AT THEIR OWN RISK. THE USERS UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, VEHICLES / PRODUCTS AND SERVICES PROVIDED AT THE ELECTRONIC MEDIA. THE USERS EXPRESSLY UNDERSTAND AND AGREE THAT COPART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF BUSINESS OR LOSS OF A CHANCE, OR OTHER INTANGIBLE LOSSES (EVEN IF COPART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, ELECTRONIC MEDIA AND VEHICLES / PRODUCTS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE VEHICLES / PRODUCTS AND SERVICES RESULTING FROM ANY VEHICLES / PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR THE ELECTRONIC MEDIA; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTERS RELATING TO THE SERVICE, ELECTRONIC MEDIA AND VEHICLES / PRODUCTS.

12. GENERAL INFORMATION

The TOS and the relationship between the User and Copart shall be governed by the laws of India and the Users by agreeing to these TOS hereby agree to submit themselves to the exclusive jurisdiction of the courts in New Delhi in respect of any acts, matters, disputes or controversies arising as a result of breach of this TOS. Failure of Copart to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

If any provision of the TOS becomes or is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable then such invalidity, illegality or unenforceability shall not affect the validity of the other provisions of the TOS, which shall remain in full force and effect.

Section titles in this TOS are for convenience only and have no legal or contractual effect.

13. GRIEVANCE OFFICER

In accordance with the provisions of the Information Technology Act, 2000 and the relevant rules made thereunder, the name and contact details of the grievance officer are provided below:

Vipin Kaushal, Head of HR & Administration email: [email protected]