Section 1 Scope and subject matter
1.1 These Terms and Conditions apply to the retrieval of and access to electronic service information for VinFast vehicles through the VinFast web access portal (hereinafter referred to as “Service Information”) in file form via download and to the delivery of service information in printed form. The contract partner is VINFAST.
1.2 VINFAST grants the use of the service information to companies and private exclusively under the following conditions.
1.3 Professional in these Terms and Conditions are natural or legal persons or legal partnerships with legal capacity, with whom a business relationship is entered into, who in doing so act in pursuit of a commercial or self-employed professional activity and who employ trained specialist personnel to carry out repairs. Upon request, the entrepreneur is obliged to submit the necessary documents (e.g. extract from the commercial register, trade license, etc.) as proof of entrepreneurial status.
1.4 VinFast reserves the right to unilaterally and definitively exclude from the VinFast Aftersales Maintenance and Repair Portal and the information made available therein, any person who has provided fraudulent documentation.
1.5 Customers according to the Terms and Conditions are entrepreneurs.
1.6 The service information is updated regularly. If you have any questions, complaints or other communications in connection with the access to the VINFAST portal, please address them to: [email protected]
Section 2 General obligations of the user
2.1 Any improper use of the VinFast websites must be avoided; in particular, no security measures may be circumvented that are likely to impair the functionality of the VinFast Portal infrastructure, in particular by placing an excessive load on it.
2.2 In addition, no facilities may be used or applications executed which could lead to damage to or a functional failure of VinFast's facilities, in particular through changes to the physical or logical structure of the servers or the network of VinFast or other networks.
2.3 The user is prohibited from using, advertising directly or indirectly or distributing software, scripts or mechanisms in connection with the use of the VinFast Portal website.
Section 3 Registration
3.1 The offer is subject to change without notice and non-binding. We reserve the right to make technical changes within reasonable limits.
3.2 The contract between the user and VINFAST for the use of the VinFast Portal shall be concluded by means of an offer by the user to use the services of the VinFast Portal online shop (registration application) and acceptance (in text form) of this offer by VINFAST.
3.3 By registering or pressing the "Register" button during the registration process, the user bindingly declares that they wish to use the online services in accordance with these Terms and Conditions.
3.4 VINFAST will without undue delay notify the user of the receipt of the registration application by sending them an e-mail with a link to the VinFast Portal. This automated confirmation of receipt does not constitute a binding acceptance of the registration application, but it may be combined with the declaration of acceptance.
3.5 Binding acceptance by VINFAST may be declared as follows:
The user will receive a notification by e-mail to the e-mail address provided in the registration application about the approval or rejection of the submitted registration application.
VINFAST reserves the right to reject the registration application in justified cases.
3.6 The user is obliged to provide the data requested during registration truthfully and completely. The user must keep his personal profile in the VinFast Portal online shop up to date. VINFAST assumes no liability for damages resulting from incorrect information provided by the user.
3.7 During the registration process for the VinFast Portal, the user chooses a password. Passing on this password to third parties is not permitted. The user undertakes to keep the password secret at all times. The user is responsible for any misuse of their password, including if a third party accesses the VinFast Portal using their password.
3.8 VINFAST reserves the right to block the user or the company or to delete access data in the VinFast Portal in the event that the user acts in breach of the Terms and Conditions. The user will be informed of this by e-mail.
Likewise, VINFAST reserves the right to delete the user's access data in the VinFast Portal if the user has not logged in for more than 24 months for security reasons.
3.9 The User may change their login data at any time under the menu item "My Profile". The user can change the data independently at any time after logging into the VinFast Portal. To delete an account, they can go to "My Profile" and delete the account.
Section 4 Order and conclusion of contract
4.1 Before submitting an order, all services/goods selected by the customer are displayed again in the shopping basket for review, together with all essential contractual components, in particular the total price - including taxes and duties - as well as the method of calculating the total price. Any input errors are then recognizable and can be corrected before the binding submission of the order. The Terms and Conditions can be called up again before placing the order. Before submitting the binding offer, these must be accepted by the customer.
4.2 The contract shall be concluded when VINFAST sends an electronic order confirmation of the Customer's order and accepts the offer to conclude a contract for the ordered goods/services.
4.3. The retrieval period of the electronic service information via download begins with the receipt of the order confirmation. In the event of an order for a physical data medium or object, the retrieval period shall start at the latest upon receipt of the data medium by the Customer.
Section 5 Use and retrieval period
5.1 Within the framework of the VinFast Portal, all registered customers are provided with both free and paid content.
Access to the following areas is free of charge:
Digital service schedule - The "Digital service schedule" area is only accessible to Customers who identify themselves as Companies / entrepreneurs.
For access to electronic service information (repair and maintenance information) for VINFAST vehicles, in particular repair guides, vehicle-specific information, circuit diagrams, as well as information on maintenance (in particular body repair), as well as self-study programs, the Customer shall receive online access to the information via the VinFast Portal.
Furthermore, the Customer acquires the right to use all information on a PC for a certain period of time (hereinafter referred to as the "retrieval period"). The use includes the visualization on a computer and the printout of the data.
The purchaser of the shipping items is entitled to install, store and use the respective program on one computer for his or her own purpose.
5.2 The Customer may only retrieve electronic service information from vehicles for which they have authorization. This entitlement may be based on the ownership of the vehicle by the customer, on a workshop order by the vehicle owner, or based on comparable factors.
5.3 Each flat rate may be used irrespective of a concrete computer or person within a dealership/repair shop location. For use in additional locations, additional flat rates must be purchased in accordance with the respective current price list. After the end of the contract period, the electronic service information can no longer be made visible.
5.4 The Customer may obtain access to paid information, instructions and documents for one hour, one day, one week, one month or one year. The respective price is displayed in the online shop and in the shopping cart before payment is completed. Once the payment has been completed, the authorization to access the purchased information is granted for the following periods:
Hourly access: 60 minutes
Daily access: 24 hours
Weekly access: 7 days
Monthly access: 30 days
Yearly access: 365 days
If the payment is made by credit card, the booked flat rate starts immediately. Separate activation of access to the information is not required.
The selection of the payment method "Prepayment" is possible for payments upwards of 50€. The customer receives the payment information and is obliged to transfer the amount of the booked flat rate within 14 days. After receipt of payment, the Customer will receive an activation email. The booked period of use begins automatically with the subsequent login.
Section 6 Limitations
VINFAST shall make every reasonable effort to ensure full availability and to restore its functionality without unreasonable 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, repair or other work on infrastructure belonging to VINFAST or a third party to provide data, content, information or transmission capacities may lead to unavoidable, temporary disruptions or interruptions.
Server failures may mean that documents, instructions or information are temporarily unavailable or downloads are not possible.
Section 7 Rights of use / copyrights
7.1 VINFAST expressly reserves all rights of publication, reproduction, editing, design and/or exploitation concerning the content of the VinFast Portal, in particular to the service information provided therein. VINFAST is entitled to these rights exclusively and in full. Any infringement is illegal and will be prosecuted under civil and/or criminal law, including, but not limited to, applicable copyright laws.
7.2 Under no circumstances may the software be used in a manner contrary to the law and/or the contract (incl. infringement of third-party property rights or use of unlawfully obtained or processed data). The user shall indemnify VINFAST against all costs, expenses and liability incurred by VINFAST as a result of such use in breach of the law and/or the contract. VINFAST is entitled to delete illegal data without further notice or to block the use of the portal.
7.3 The user is not entitled to reverse engineer, decompile or disassemble the coding of the VinFast Portal or systems and software or to take other measures with the same or similar effect, unless (and only to the extent that) applicable law expressly permits this notwithstanding this restriction. A claim for surrender of the source code is excluded.
7.4 VINFAST grants the user a non-exclusive right to use the information accessible in the VinFast Portal online shop. Rights of use to VINFAST information acquired via the portal exist only for the user's own use and must not be transferred to third parties. The user undertakes to retain unchanged the protective notices contained in the information, such as copyright notices and other reservations of rights.
7.5 If the user is an authority or an inspection body that receives access to the information or technical data within the scope of the Commission Implementing Regulation EU 2019/621 for the purpose of carrying out roadworthiness tests on motor vehicles, they may use the information or technical data exclusively for these purposes.
7.6 Publication and/or making available and/or passing on of documents, instructions, software and contents is only permitted with the prior consent (conclusion of a license agreement) of VINFAST. The user must contact the following e-mail address in this regard: [email protected]
7.7 Any automatic machine queries (bots) are not permitted; information obtained illegally in this way is not covered by the right of use pursuant to section 5.4.
Section 8 Payment
8.1 Information on the prices for the products offered can be found in the VinFast Portal under https://serviceinfo.vinfastauto.eu/
The prices stated are in euros plus the statutory VAT.
8.2 The fee for access to the electronic service information in VinFast Portal is due in accordance with the current price information in the VinFast Portal online shop when the contract is concluded on receipt of the order confirmation and is payable online by credit card or, for a minimum amount of € xxx, by advance payment by bank transfer. Payment for shipping items will be made after invoicing. Even if the customer has stipulated otherwise VINFAST shall be entitled to offset payments made by the customer against unsecured or older debts at the discretion of VINFAST. If costs and interest have already been incurred, VINFAST shall be entitled to set off the payment first against the costs, then against the interest and lastly against the main services referred to in the preceding sentence.
8.3 A payment shall only be deemed to have been made when VINFAST can freely dispose of the amount. If payment is made in advance, any fees incurred (e.g. for foreign bank transfers) are to be borne by the Buyer. In the event of default, VINFAST shall be entitled to demand interest on arrears according to the regulations of applicable law. The right on the part of VINFAST to demand compensation for any further damage shall remain unaffected. The Customer shall only be entitled to set-off compensation with counterclaims if VINFAST has expressly agreed in writing, if the claim is undisputed, or if the counterclaims have been legally established.
Section 9 Dispatch, delivery and service performance time
9.1 In the case of mail-order items, the goods shall be delivered by a logistics service provider and may be subject to shipping fees as indicated in our VinFast Portal.
9.2 The dates and deadlines stated by VINFAST are non-binding unless expressly agreed otherwise in writing. VINFAST shall be entitled to make partial deliveries and render partial services as long as the deliveries are made within the agreed time and the partial deliveries/partial services are of interest to the customer.
9.3 Access to VinFast Portal and the possibility of using the electronic service information on the selected data medium ends with the expiry of the selected retrieval period without the need for termination. After this retrieval period has expired, the electronic service information can no longer be made visible.
Section 10 Retention of title
All deliveries by VINFAST are subject to retention of title.
Ownership of the physical data medium shall not pass to the customer until the entire obligation arising from the delivery to VINFAST has been fulfilled. In the case of payment in advance, payment shall only be deemed to have fulfilled the payment obligation when VinFast can finally dispose of the full amount owed on one of its accounts.
Section 11 Warranty and limitation period
Customer claims due to material defects expire two years after cancellation or handover of the goods.
Section 12 Liability
12.1 The liability of VINFAST for intent, gross negligence and product liability shall be governed by the statutory provisions; likewise liability regarding injury to body, life or health.
12.2 In cases of simple negligence, the liability of VINFAST shall be limited to the breach of material contractual obligations, such as those which the respective contract specifically imposes on VINFAST according to its content and purpose or the fulfilment of which makes the proper performance of the respective contract possible in the first place and on the observance of which the user regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of the conclusion of the contract, unless it concerns claims for damages by the customer arising from injury to life, body or health.
12.3 The personal liability of the legal representatives, vicarious agents and employees of VINFAST for damage caused by them through slight negligence is excluded.
12.4 Irrespective of any fault on the part of VINFAST, any liability on the part of VINFAST in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability laws shall remain unaffected.
12.5 VINFAST does not give any warranty or accepts liability for the availability of the VinFast Portal and the information, documents, software and/or instructions provided therein at any time. Liability for damages or consequential damages as well as for financial losses due to a server failure is excluded, unless VINFAST has caused the server failure by gross negligence or intentionally.
12.6. VINFAST accepts no liability for the completeness and accuracy of the information, instructions and/or documents provided in the VinFast Portal.
12.7 The customer is responsible for the professional implementation of the information, instructions and/or documents provided in the VinFast Portal. Repairs to vehicles must always be carried out by trained specialist personnel. Furthermore, all safety instructions must be observed. The instructions must be followed and the customer must act prudently to avoid accidents, personal injury and damage to property. Before commencing work, the customer must ensure that it always uses the most up-to-date documentation of the available service information.
12.8 Disruptions to the VinFast Portal may arise for reasons of force majeure, including strikes, lockouts and official orders, as well as due to technical and other measures which are necessary on the systems of VINFAST or the network operators for proper operation or improvement of the services (e.g. maintenance, repair, system-related software updates, extensions). They may also result from short-term capacity bottlenecks due to service load peaks or from disruptions in the area of third-party telecommunications equipment. In the event of simple negligence on the part of VINFAST, compensation for damage caused by delay may be claimed up to a maximum of the order value.
12.9 The customer is solely responsible for providing and maintaining the end devices (e.g. hardware, operating systems, network connections, etc.) and other software as well as connectivity necessary for accessing the portal in order to use the software. It is his or her responsibility to ensure that the configuration and the technical status of the terminal equipment meet the necessary requirements in each case. The costs of remote access by the contracting party (in particular for the required terminal equipment and the contracting party's connection costs) shall be borne by the contracting party and the contracting party alone shall be responsible for the availability of the Internet connection.
Section 13 Privacy
Connection to the Site and to the User's personalized account requires the collection of personal information on the basis of the performance of these GTC and enabling access to the service.
The user 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.
The protection of your personal data is our priority. We invite you to read our Privacy Policy.
Link to Privacy VF :
https://vinfastauto.eu/fr/privacy-policy
https://vinfastauto.eu/fr/dsr-form
Section 14 Compliance with foreign trade law and export controls
14.1 The execution and performance of the contract is subject to the proviso that there are no obstacles to performance due to applicable provisions of foreign trade law and export control. In addition to national foreign trade law and Vietnamese, US and EU export control law, including embargoes or other sanctions, this may also concern extraterritorially applicable export control and sanction regulations of other countries, insofar as their observance is mandatory under applicable law.
14.2 When using the purchased object, the Buyer shall be responsible for compliance with all applicable foreign trade and export control provisions, laws and regulations, in particular with regard to the import, export, re-export or use of the purchased object.
14.3 By placing its order, the Buyer expressly declares that it is not prohibited under any applicable export control or sanctions regulations from receiving and using the object of purchase.
14.4 The Buyer acquires the object of purchase exclusively for civil use. (Para)military, armament, nuclear or weapons-related use is excluded.
Section 15 Place of Fulfilment, Applicable Law and Jurisdiction
15.1 The place of fulfilment for all obligations of both contracting parties is France.
The contractual relationship and the legal relationships in connection therewith shall be governed exclusively by the law of France.
The UN Convention on Contracts for the International Sale of Goods and the application of other laws, treaties etc. are excluded.
The jurisdiction for all legal disputes arising from or in connection with the contract, including the question of its conclusion, shall be the commercial court of Paris. VINFAST shall also be entitled to take legal action at the general jurisdiction of the contractual partner.
15. 2 Contradictory terms and conditions or terms and conditions deviating from these Terms and Conditions may be agreed upon. A separate written agreement is required for this purpose.
15.3 Should any of the above conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining conditions.
15.4 Neither Party shall be responsible for any partial or complete non-performance or late performance of any obligation under the Contract if the reasons for this are within the reasonable objective control of that Party. This may include, in particular, natural events, earthquakes, fire, floods, pandemics, epidemics, plagues, embargoes, riots, sabotage, attacks on IT systems by third parties (e.g. attacks by hackers), acts or omissions by public authorities, war, acts of sabotage or terrorist attacks.
Section 16 Amendments to the Terms and Conditions
VINFAST reserves the right to amend these Terms and Conditions.
VINFAST will notify the Customer of the respective change by e-mail or in writing. Changes to these Terms and Conditions shall only become effective with your consent.
Special section
Terms and Conditions Diagnostic Software
The following Terms and Conditions apply to the retrieval of the diagnostic software.
The paid use of the diagnostic software is only permitted for Companies who are registered as entrepreneurs with VinFast Portal.
Section 1 Scope and subject matter
1.1 These Terms and Conditions apply to the retrieval of the diagnostic from the VinFast Portal in file form via download. The contract partner is VINFAST.
1.2 VINFAST grants the use of the service information to Companies (entrepreneurs) exclusively under the following conditions.
Detailed information on how to order and correct input errors can be found in the VinFast Portal Info Tour.
1.3 Diagnostic software is updated regularly. If you have any questions, complaints or other notifications in connection with an order in the VinFast Portal, please address them to: [CONTACT]
Section 2 General obligations of the user
2.1 Any misuse of the diagnostic software that is contrary to the sole purpose of repairing a VinFast vehicle must be refrained from. Furthermore, no safety precautions may be circumvented that are likely to impair the functionality of the diagnostic infrastructure incl. adjacent systems, in particular by placing an excessive load on them.
2.2 In addition, no facilities may be used or applications executed which could lead to damage to or a functional failure of VinFast's facilities, in particular through changes to the physical or logical structure of the servers or the network of VinFast or other networks.
2.3 The customer is prohibited from using, directly or indirectly advertising or distributing any software, scripts or mechanisms in connection with the use of the Diagnostic Software.
Section 3 Order and conclusion of contract
3.1 Before placing an order, all services/goods selected by the customer, with all essential contractual components, in particular the total price - including taxes and duties - as well as, if applicable, the method of calculating the total price, shall be displayed again for review. Any input errors are then recognizable and can be corrected before the binding submission of the order. The Terms and Conditions can be called up again before placing the order. Before submitting the binding offer, these must be accepted by the customer.
3.2 The contract shall be concluded by VINFAST sending an electronic order confirmation of the order to the buyer in response to the customer's order, thereby accepting the offer to conclude a contract for the ordered goods/services.
3.3. The booked flat rate of the diagnostic software starts from the first diagnostic session.
Section 4 Use and retrieval period
4.1 For the use of the diagnostic software (OBD information), the Customer receives a computer-bound license which enables the use. Furthermore, they acquire the right to use all information on their PC for a specific period of time (hereinafter referred to as "license period") on a computer-bound basis.
4.2 Each service flat rate can be used on several licensed testers of a dealership/repair shop location. Parallel use is only possible with the purchase of further flat rates. For use in another location operated by the customer, additional diagnostics flat rates must be purchased in accordance with the respective current price list.
4.3 The Customer may obtain access for one hour, one day, one week, one month or one year to chargeable information, instructions and documents. The respective price is displayed in the online shop and in the shopping cart before payment is completed. Upon completion of payment, authorization to use the licensed diagnostic software is granted for the following periods:
Hourly flat rate: 60 minutes
Daily flat rate: 24 hours
Weekly flat rate: 7 days
Monthly flat rate: 30 days
Yearly flat rate: 365 days
The activation of the flat rate starts with the beginning of a diagnostics session. It cannot be interrupted and ends with the expiry of the described term. If the flat rate ends during an ongoing diagnostics session, this session can be completed.
The possibility of using diagnostic software. ends with the expiry of the selected flat rate from the start date of the first diagnostics session without the need for termination. If a diagnostics session is started when the flat rate expires, it can still be carried out. After booking a flat rate, a partial refund of the unused term is not possible.
Section 5 Limitations
VINFAST shall make every reasonable effort to ensure full availability and to restore its functionality without unreasonable 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, repair or other work on technical facilities which either belong to VINFAST or a third party involved or are used to provide data, content, information or transmission capacities may lead to unavoidable, temporary disruptions or interruptions.
Server failures can lead to documents, instructions or information being temporarily unavailable or diagnostics work not being possible.
Section 6 Rights of use / copyrights / Privacy
6.1 VINFAST expressly reserves all publication, reproduction, editing, design and/or exploitation rights to the contents of the Diagnostics System, in particular to the information provided therein. VINFAST is entitled to these rights exclusively and in full. Any infringement is illegal and will be prosecuted under civil and/or criminal law, including, but not limited to, applicable copyright laws.
6.2 Under no circumstances may the use be made in a manner contrary to the law and/or the contract or for purposes contrary to the law and/or the contract (incl. infringement of third-party property rights or use of unlawfully obtained or processed data). The user shall indemnify VINFAST against all costs, expenses and liability incurred by VINFAST as a result of such use in breach of the law and/or the contract. VINFAST is entitled to block access without further notice in the event of unlawful use.
6.3 The user is not entitled to reverse engineer, decompile, disassemble, or take any other action with the same or similar effect with respect to the coding of the Diagnostics Software and its components and involved systems or interfaces, unless (and only to the extent that) applicable law expressly permits it notwithstanding this limitation. A claim for surrender of the source code is excluded.
6.4 VINFAST grants the user of the Diagnostics Software a simple right of use. Rights of use to VINFAST information acquired through Service Licensing exist only for the user's own use and must not be transferred to third parties. The user undertakes to retain unchanged the protective notices contained in the information, such as copyright notices and other reservations of rights.
6.5 Publication and/or making available and/or passing on of documents, instructions, software and contents is only permitted with the prior consent of VINFAST. The user must contact: [email protected] in this regard.
6.6 Any automatic machine queries (bots) are not permitted; information obtained illegally in this way is not covered by the right of use pursuant to section 6.4.
6.7 In the course of using the service, the user may be required to process personal data. This may include, but is not limited to, data relating to vehicle identification (VIN number), or data enabling the user to carry out repair services. This personal data, whatever it may be, will only be made available to the user on the basis of the performance of the present contract and on the basis of Article 61 of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC).
Any breach of this clause will render the user liable under European regulations on personal data (GDPR). Any legal action brought against VINFAST on the basis of any violation by the user of the above will be the subject of a recourse action against the latter.
Section 7 Payment, taxes
7.1 Information on the prices for the products offered in the VinFast Portal can be found under Products and Services > Product Assistant > Display all products. The prices stated are in euros plus the statutory VAT.
7.2 The fee for access to the electronic service information in VinFast Portal is due in accordance with the current price information in the VinFast Portal online shop on conclusion of the contract on receipt of the order confirmation and is payable online by credit card or by advance payment by bank transfer. Payment for shipping items will be made after invoicing. Even if the customer has stipulated otherwise VINFAST shall be entitled to offset payments made by the customer against unsecured or older debts at the discretion of VINFAST. If costs and interest have already been incurred, VINFAST shall be entitled to set off the payment first against the costs, then against the interest and lastly against the main services referred to in the preceding sentence.
7.3 A payment shall only be deemed to have been made when VINFAST can freely dispose of the amount. If payment is made in advance, any fees incurred (e.g. for foreign bank transfers) are to be borne by the Buyer. In the event of default, VINFAST shall be entitled to demand interest on arrears. During the period of default, the customer shall pay interest according to applicable law. The customer shall only be entitled to set-off if VINFAST has expressly agreed in writing, if the claim is undisputed or if the counterclaims have been legally established.
Section 8 Warranty and limitation period
Customer rights to claim due to material defects expire within one year from download.
Section 9 Liability
9.1 The liability of VINFAST for intent, gross negligence and product liability shall be governed by the statutory provisions; the same shall apply to liability for injury to body, life or health.
9.2 In cases of simple negligence, the liability of VINFAST shall be limited to the breach of material contractual obligations, such as those which the respective contract specifically imposes on VINFAST according to its content and purpose or the fulfilment of which makes the proper performance of the respective contract possible in the first place and on the observance of which the user regularly relies and may rely. This liability is limited to the typical damage foreseeable at the time of the conclusion of the contract, unless the customer's claims for damages arise from injury to life, body or health.
9.3 The personal liability of the legal representatives, vicarious agents and employees of VINFAST for damage caused by them through slight negligence is excluded.
9.4 Irrespective of any fault on the part of VINFAST, any liability on the part of VINFAST in the event of fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk and in accordance with the Product Liability Act shall remain unaffected.
9.5 VINFAST assumes no warranty and liability for the availability at any time concerning the diagnostics software system components and participating systems, as well as the information, documents, software and/or instructions provided therein. Liability for damages or consequential damages as well as for financial losses due to a server failure is excluded, unless VINFAST has caused the server failure by gross negligence or intentionally.
9.6. VINFAST accepts no liability for the completeness and accuracy of the information, instructions and/or documents provided in diagnostic software.
9.7 The customer is responsible for the professional implementation of the information, instructions and/or documents provided by diagnostic software. Repairs to vehicles must always be carried out by trained specialist personnel. Furthermore, all safety instructions must be observed. The instructions must be followed and the customer must act prudently to avoid accidents, personal injury and damage to property. Before commencing work, the customer must ensure that it always uses the most up-to-date documentation of the available service information.
9.8 Disruptions to the diagnostic software system components and participating systems may arise for reasons of force majeure, including strikes, lockouts and official orders, as well as due to technical and other measures required on the systems of VINFAST or the network operators for proper operation or improvement of the services (e.g. maintenance, repair, system-related software updates, new features). They may also result from short-term capacity bottlenecks due to service load peaks or from disruptions in the area of third-party telecommunications equipment. In the event of simple negligence on the part of VINFAST, compensation for damage caused by delay may be claimed up to a maximum of the order value.
9.9 The contractual partner is solely responsible for providing and maintaining the terminal equipment (e.g. hardware, operating systems, network connections, etc.) and other software necessary for the use of the software, as well as data lines for accessing the diagnostic software and participating systems. It is his or her responsibility to ensure that the configuration and the technical status of the terminal equipment meet the necessary requirements in each case. The costs of remote access by the contracting party (in particular for the required terminal equipment and the contracting party's connection costs) shall be borne by the contracting party and the contracting party alone shall be responsible for the availability of the Internet connection.
Section 10 Compliance with foreign trade law and export controls
10.1 The execution and performance of the contract is subject to the proviso that there are no obstacles to performance due to applicable provisions of foreign trade law and export control. In addition to national foreign trade law and Vietnamese, US and EU export control law, including embargoes or other sanctions, this may also concern extraterritorially applicable export control and sanction regulations of the USA and other countries, insofar as their observance is mandatory under applicable law.
10.2 When using the purchased object, the Buyer shall be responsible for compliance with all applicable foreign trade and export control provisions, laws and regulations, in particular with regard to the import, export, re-export or use of the purchased object.
10.3 By placing its order, the Buyer expressly declares that it is not prohibited under any applicable export control or sanctions regulations from receiving and using the object of purchase.
10.4 The Buyer acquires the object of purchase exclusively for civil use. (Para)military, armament, nuclear or weapons-related use is excluded.
Section 11 Place of Fulfilment, Applicable Law and Jurisdiction
11.1 The place of fulfilment for all obligations of both contracting parties is France.
The contractual relationship and the legal relationships in connection therewith shall be governed exclusively by the law of France.
The jurisdiction for all legal disputes arising from or in connection with the contract, including the question of its conclusion, shall be Commercial Court of Paris.
11. 2 Contradictory terms and conditions or terms and conditions deviating from these Terms and Conditions may be agreed upon. A separate written agreement is required for this purpose.
11.3 Should any provisions of these Terms and Conditions and the contract on which they are based be wholly or partially invalid or unenforceable or subsequently lose their validity or enforceability, this shall not affect the validity of the remaining provisions of the contract and the Terms and Conditions.
11.4 Neither Party shall be responsible for any partial or complete non-performance or late performance of any obligation under the Contract if the reasons for this are within the reasonable objective control of that Party. This may include, in particular, natural events, earthquakes, fire, floods, pandemics, epidemics, plagues, embargoes, riots, sabotage, attacks on IT systems by third parties (e.g. attacks by hackers), acts or omissions by public authorities, war, acts of sabotage, or terrorist attacks.
Section 12 Amendments to the Terms and Conditions
VINFAST reserves the right to amend these Terms and Conditions.
VINFAST will notify the Customer of the respective change by e-mail or in writing
