Preamble
VinFast has created a connection identifier, hereinafter referred to as the “VinFast Account”, to enable customers and users of the vehicles it markets to connect to digital interfaces in order to access personalized information, to remotely manage certain aspects of their commercial and contractual relationship with VinFast, and to access some connected services installed on their vehicle (“the Connected Services”).
1. Scope
1.1 These VinFast Account Terms and Conditions (‘VinFast Account T&C’) apply to the VinFast Account, which is the central point of your journey with VinFast, digital user account and contact center.
The VinFast Account is a virtual platform which will offer tools and applications to:
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Manage your contact with VinFast;
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Manage your vehicle reservation;
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Keep track of your test drive appointments, the cars you configure, your reservations;
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Manage your orders and deliveries with VinFast;
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Manage your payments and invoices;
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Manage your Trade-in offer;
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Manage your VinFast car or cars on a day-to-day basis;
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Manage your charging services.
The VinFast Account acts as the central point for owning and using of a VinFast car and to maximize your experience.
1.2 The provider of the VinFast Account is VinFast Trading and Production JSC, a company incorporated under the laws of Vietnam, and its affiliates notably VinFast France SAS, VinFast Netherlands BV, VinFast Germany GmbH (hereinafter all together referred to as “VinFast”).
1.3 Any legal entity and any natural person being 18 years or older and legally competent to conclude legally valid contracts (‘You’ or the “User”) is entitled to register and use the VinFast Account.
1.4 VinFast reserves the right to change these VinFast Account T&C from time to time with effect for the future. Changes to these VinFast Account T&C shall however only be effective once You have consented to such change.
2. Service restrictions
VinFast shall make every reasonable effort to ensure full availability of the VinFast Account and to restore its functionality without undue delay in the event of an interruption. Cases of force majeure (e.g. military conflicts, epidemics and pandemics, natural disasters, industrial disputes) or necessary maintenance, repairs or other work on technical equipment belonging to either VinFast or a third party involved or used to provide data, content, information or transmission capacities may result in unavoidable, temporary disruptions or interruptions.
3. VinFast Account purpose and services
3.1 The VinFast Account is a free of charge service brought to You for an indefinite period of time.
3.2 The VinFast Account is a digital platform service that You can use to log into different services provided to You by VinFast or by third parties (“Third Party Providers”) (e.g. websites, applications, maintenance, vehicle documentation and searching for charging points, hereinafter “Connected Services”) made available to You from time to time through the VinFast Account and provide your personal data to the Connected Services. Using your VinFast Account, You can manage your data and the Connected Services’ access to this data, and certain other aspects of the Connected Services, such as preferences and consent (e.g. subscriptions). The VinFast Account may also allow You to store additional data in your VinFast Account, including a profile picture.
3.3 These VinFast Account T&C apply exclusively to VinFast Account as a platform. Some Connected Services may be subject to additional or different terms and conditions. Connected Services will be subject to constant development, and VinFast reserves the right to introduce new Connected Services or stop offering existing Connected Services.
You are solely responsible for selecting Connected Services from VinFast and Third Party Providers.
The use of Connected Services provided by a Third Party Provider may be subject to a separate agreement between You and the Third Party Provider offering such services. Connected Services by Third Party Providers are provided solely by such Third Party Providers, and VinFast does not accept any responsibility or liability with regard to availability, functionality, content, terms of use, data processing, quality or damages caused by such services or the Third Party Providers.
3.4 The development of web-based services, legal requirements and jurisprudence occasionally requires the services to be developed further and adapted to new technical possibilities or changes in user behavior. Considering this, VinFast reserves the right to adapt the functionality of VinFast Account accordingly at any time.
4. Registering your VinFast Account
4.1 To register for VinFast Account, You must complete the required fields with the relevant applicable, clear and accurate information and a password (‘login details’). All details provided during the registration process must be verifiable in the event that VinFast or Third Parties Providers request information or documents relating thereto in order to provide Connected Services.
4.2 If you believe that a third party may be using your VinFast Account or associated login information, you must notify us immediately the contact form available here. You must also change your password immediately. You may not use another person's VinFast Account. You must take appropriate measures to protect your VinFast Account information, from unauthorized use by third parties.
You agree that your VinFast Account may not be transferred, assigned, sold, loaned, hired, mortgaged, pledged or hypothecated in any way. Any loss or liability to You or any party resulting from the foregoing shall be borne entirely by You, the User, and in this regard You further agree to indemnify VinFast from any liability to third parties. For the purpose of, among other things, ensuring the security of your account, preventing fraud, protecting other VinFast users and handling account disputes, VinFast reserves the right, in its sole discretion, to suspend the operation of your account for as long as necessary, as it deems appropriate, or to cancel it permanently, without compensation or refund.
5. Usage rights, user content and data use
5.1 You receive a free-of-charge, non-exclusive, non-transferable and non-sub-licensable right to use your VinFast Account until the termination of the usage agreement based on these VinFast Account T&C (“Usage Agreement”) in accordance with the stipulations of these VinFast Account T&C.
You are obliged to comply with these VinFast Account T&C and all laws or regulations which apply to your use of the VinFast Account and to refrain from any misuse of the VinFast Account. You undertake to refrain from any activities that impair the functionality of VinFast Account (e.g. through the implementation of other software or scripts).
5.2 You must have full authorization to use all content You create in your VinFast Account and/or upload to your VinFast Account (e.g. text, images, graphics, audio files, video files, links; “User Content”).
You may not create any User Content in your VinFast Account and/or upload any user content to your VinFast Account that:
(a) violates applicable law or is associated with or promotes money laundering or gambling;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, defamatory, libelous, offensive, pornographic, pedophilic, scurrilous, in violation of another person’s privacy, hateful, racist, ethically reprehensible or degrading;
(c) belongs to another person and to which You have no right of use;
(d) causes harm to minors in any way;
(e) infringes a patent, trademark, design, name right, copyright, property right or general personal rights;
(f) misleads or deceives the recipient with regard to the source of the communications contained therein or transmits information which is grossly offensive or threatening;
(g) You use to masquerade as another person in any way;
(h) contains software viruses or other computer codes, files or programs designed to interrupt, destroy or restrict the functionality of computer resources;
(i) threatens the unity, integrity, defense, security or sovereignty of a state, friendly relationships between states or public order or incites an identifiable crime or misdemeanor or impedes the investigation of a crime or misdemeanor or defames another state; and
(j) glorifies, promotes or trivializes violence, war or a terrorist or extremist political organization.
VinFast accepts no responsibility for User Content, does not assume or present it as its own content and does not support the statements contained therein. You grant VinFast usage rights to the User Content to the extent required to lawfully provide You with services in the context of the VinFast Account. Copyright, name and brand rights and other rights (particularly personal rights) of VinFast and third parties must be taken into account when using the VinFast Account.
6. Cybersecurity
6.1 VinFast strongly recommends that You take all available measures (e.g device password, graphic pattern recognition etc.) to protect your devices from misuse or unauthorized access by third parties.
6.2 VinFast takes suitable measures to avert the risks of cyber-attacks for vehicle safety, road safety, life, health, the right to informational self-determination (privacy), property, assets and other legal interests of the user, owner or holder of a VinFast vehicle or third party, as well as those of VinFast. Such measures may lead to service restrictions for VinFast Account and/or Connected Services. Depending on the severity of the risk and/or the significance of the at-risk legal interests, (temporary) blocking of VinFast Account may also be required. In that event, it may not be possible to use VinFast Account and/or Connected Services.
7. Customer Care
In the event of technical issues or other problems, You can contact VinFast’s customer
service via the following link.
8. Liability
8.1 To the extent permitted by applicable law in your jurisdiction, your access to and use of VinFast Account is at your own risk, and VinFast expressly disclaim any and all liability, loss or damage you or any other person may suffer, whether in contract, tort (including negligence) or otherwise, for any of the following: (a) loss of profits, loss of earnings, loss of revenue, loss of data or loss of goodwill; and (b) special indirect or consequential loss or damage. The limitations and exclusions of these VinFast Account T&C shall apply whether or not we have been advised of or are aware of the possibility of losses arising therefrom.
8.2 If you are dissatisfied with any aspect of VinFast Account at any time, your sole and exclusive remedy is to cease accessing and using VinFast Account. Without prejudice to the foregoing limitations, and to the extent permitted by applicable law in your jurisdiction, the aggregate liability of VinFast to you or any other person for all claims, proceedings, liabilities, obligations, damages, losses and costs, whether in contract, tort (including negligence) or under any other theory, shall in no event exceed €50. You hereby acknowledge that we do not receive any payment from you for creating a VinFast Account and, accordingly, you acknowledge and agree that the limitations of liability expressed in these VinFast Account T&C are fair and reasonable.
8.3 The laws of some countries do not allow some or all of the limitations and exclusions described above. If those laws apply to you, some or all of the above limitations may not apply to you and you may have additional rights. Nothing in the VinFast Account T&C affects your statutory rights to which you are legally entitled as a consumer and which you cannot contractually agree to vary or decline.
8.4 VinFast is not liable for Connected Services provided by Third Party Providers.
8.5 VinFast is also not liable for Connected Services (provided by VinFast or Third-Party Providers) or any damages or losses that are incurred if you:
(1) select an unsuitable password that does not meet the requirements stated in Item 4.2,
(2) do not keep your password safe, in violation of these VinFast Account T&C, and/or
(3) grant third-party access to your VinFast Account.
8.6 The fact that the VinFast Account can be used as a login for Connected Services provided by Third Party Providers does not make VinFast liable for the availability, functionality or lawfulness of the content of such services.
9. Applicability, termination and blocking
9.1 The Usage Agreement shall enter into force with the registration of your VinFast Account and your acknowledgement of these VinFast Account T&C. The Usage Agreement shall come to an end when it is terminated in accordance with these VinFast Account T&C.
9.2 You may terminate the Usage Agreement at any time with immediate effect by deleting your VinFast Account. To delete your VinFast Account, please refer to the following link.
9.3 By deleting your VinFast Account, You may no longer be able to benefit from some of the services such as but not limited to the Connected Services. For further information please refer the Connected Services T&C.
9.4 VinFast may (ordinarily) terminate the Usage Agreement with a notice period of six weeks as of the end of a calendar month if VinFast ceases the provision of the VinFast Account in the country of your domicile or ordinary residence.
9.5 VinFast may also terminate the usage agreement for good cause with immediate effect. Good cause shall be deemed to occur in particular if You violate these VinFast Account T&C to a considerable degree, particularly if said violation leads to adverse effects for VinFast Account or Connected Services. VinFast shall notify You by email prior to termination and shall give You the opportunity within an appropriate period to cease or eliminate a breach of these VinFast Account T&C or impermissible conduct. However, VinFast is not obliged to give such prior notice if
(1) immediate termination of the usage agreement appears necessary or advisable due to the severity of the adverse effects for the IT security of the VinFast Account or Connected Services and/or
(2) the grounds for termination cannot be remedied due to their legal nature.
9.7 In the event of cybersecurity issues (see Article 6), VinFast may, instead of terminating the usage agreement, block your access to VinFast Account and all associated products, services,
software features and technologies until the grounds for this block no longer exist.
10. Place of jurisdiction, applicable law
10.1 The exclusive place of jurisdiction for any and all claims arising from and in conjunction with these VinFast Account T&C shall be Hanoï Vietnam, or the place of jurisdiction referred to in your agreement with VinFast if You did not register your VinFast Account as a consumer.
10.2 If You are a consumer, VinFast may only take action against You before the court at your domicile or ordinary place of residence. You may either take action against VinFast before the court at VinFast’s headquarters in (Hanoï) Vietnam, or before any other court which is competent in this case in accordance with your local applicable consumer law if any.
10.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
11 Data Privacy information
Via offering services by the VinFast Account, VinFast will process your personal data. Information about the purpose of the processing, the legal basis, the recipients of your personal data and your rights concerning such processing You can find in our VinFast Privacy Policy that applies to the VinFast Account
and complements these VinFast Account T&C. You can at any time exercise your rights of access, rectification, erasure, oppose the processing of your personal data, obtain its limitation or portability to the extent applicable. These rights can be exercised at any time using the DSR form.
