Preamble
VinFast Trading and Production JSC, and its affiliates notably VinFast France SAS, VinFast Netherlands BV, VinFast Germany GmbH (hereinafter all together referred to as “VinFast”), is engaged in the declared principal activity of sale of sustainable electric vehicles. Driven by a constant concern to ensure the best possible customer satisfaction, VinFast is committed to design high-quality products with high technological content. As an accessory to the vehicles VinFast markets and through different usage channels, VinFast allows its customers and users to benefit from some connected services (hereinafter the “Connected Services”) as defined in the Connected Services T&C which can be found here. The user can operate the Connected Services through the VinFast application (“VinFast App”)which is the application software for mobile electronic devices, such as a smartphone in order to allow VinFast Vehicle users to connect and control VinFast Vehicles remotely and to access the Connected Services.
1. Purpose
1.1 The purpose of these License and General Terms and Conditions of VinFast App (hereinafter referred to as the " VinFast App T&C" and/or “the License”) is to provide a legal framework for using the VinFast App and related services by and to define the conditions of access to and use of the services by the user (hereinafter “User” and or “You”).
1.2 Any VinFast customer with full legal capacity to conclude contracts and of legal age is authorized to use the VinFast App in accordance with these VinFast App T&C as well as the general terms and conditions of the Connected Services (hereinafter the “Connected Services T&C”) and the general terms and conditions of the VinFast digital personal account (hereinafter “VinFast Account T&C”).
1.3 These VinFast App T&C are accessible on the VinFast App under the heading "Terms and Conditions" and govern the use and access to the VinFast App.
1.4 Any registration or use of the VinFast App implies acceptance of these VinFast App T&C by the User without reservation or restriction. When connecting to the VinFast App, each user expressly accepts these VinFast App T&C by ticking the box preceding the following text: "I acknowledge that I have read and understood the Terms and Conditions and I accept them".
1.5 This is thus a legal agreement between you and VinFast setting forth the terms and conditions governing your use of the VinFast App.
1.6 In the event of non-acceptance of the VinFast App T&C stipulated in this contract, the User must renounce access to the services offered by the VinFast App.
VinFast reserves the right to modify these VinFast App T&C unilaterally and at any time without notice. Users will be informed of the changes by publishing the updated VinFast App T&C on the VinFast App. The modification of the VinFast App T&C will take effect from their publication. It is your responsibility to periodically check these VinFast App T&C for changes. Any Use after such publication shall constitute acceptance of the new version of the VinFast App T&C.
2. Legal information
The VinFast application is published by VinGroup Joint Stock Company, a company incorporated under Vietnamese law with its registered office at No. 7, Bang Lang 1 street, Vinhomes Riverside Ecology Urban Area, Viet Hung Ward, Long Bien District, Hanoi, and having the Company Identification Number: 0101245486.
The host of the VinFast application is AWS (Amazon Web Services) located in Europe in the Frankfurt area.
The publication director in Europe is Mrs Thanh Thuy Nguyen in her capacity as President of VinFast France SAS.=
3. Prerequisites for Service Delivery
3.1 With the aim of providing a quality service and customer experience, VinFast has developed an application software for mobile electronic device, such as a smartphone in order to allow the User to connect and control VinFast Vehicles remotely and to access the Connected Services.
3.2 Connected services are digital services offered continuously during a period given to a service ready VinFast brand vehicle (“Vehicle”), through different user channels such as the screen of the Vehicle infotainment system (“MHU”) and or the VinFast App.
3.3 Depending on its user profile (“USER PROFILE”), each Vehicle user (“USER”) will be offered different categories of rights and access to the Connected services. The Connected services and every different USER PROFILE and their respective rights are defined in the Connected Services T&C.
3.4 Any User with full legal capacity to conclude contracts and of legal age is authorized to use the VinFast App in accordance with these VinFast App T&C.
3.5 VinFast make the VinFast App available to the User by free download via the Apple Store® and or the Google® Play Store.
3.6 The VinFast App is accessible anywhere to any User with Internet access. All costs incurred by the User to access the internet service (smartphone hardware, software, Internet connection, etc.) are at the User's expense.
3.7 The centralized access service enabling the use of the VinFast App is the User’s VinFast personal and digital account (“VinFast Account”), which means that the User requires a VinFast Account to access the VinFast App. By agreeing to register VinFast Account, the User undertakes to provide truthful and accurate information concerning his/her civil status and personal and professional details, in particular his/her email address.
3.8 To access the VinFast App, the User must then identify himself/herself using his/her VinFast Account login and password.
3.9 Any User who is regularly registered may also request to unsubscribe by going to the dedicated page on his personal space. This will be effective within a reasonable time.
3.10 For VinFast Account, separate VinFast Account T&C must be accepted that can be accessed here.
4. Scope of the VinFast App
4.1 VinFast, as the contracting party, offers You the use of the VinFast App free of charge.
4.2 You can register for a VinFast Account and use the VinFast App even without owning a Vehicle. However, You can only use certain functions in the VinFast App, e.g. managing your vehicle functions, if You own a vehicle and are registered as a so-called primary user, or secondary user according to the Connected Services T&C. The procedure of this verification process can vary from country to country.
4.3 With the VinFast App, You can centrally access information about your Vehicle, activate and administrate vehicle functions worldwide and the VinFast App gives You access to the Connected Services. The administration options depend on the vehicle equipment and the country in which You have registered the VinFast App using your VinFast Account. You may also have access to digital offers related to your Vehicle.
4.4 Some of the Connected Services that the User can register with using its VinFast Account and/or the VinFast App may be operated by authorized third parties (“THIRD PARTIES”). The contract for booking and using additional functions is concluded directly between You and the THIRD PARTIES offering the respective additional function, in accordance with the additional terms of use of VinFast or Authorized Third Parties. In case of contradiction of the additional terms of use to these VinFast App T&C, and with the Connected Services Terms and Conditions, the latter shall take precedence.
5. Use of VinFast App
5.1 VinFast grants the User a non-exclusive and non-transferable right to appropriately use the VinFast App in accordance with these VinFast App T&C.
5.2 It is prohibited to use the VinFast App in violation of these VinFast App T&C or statutory provisions and refrain from doing anything that impairs or could impair the functionality (e.g. by modifying the software or executing other scripts). It is prohibited to use VinFast App on devices on which the device manufacturer’s protections have been bypassed or removed (e.g. “jailbreaking,” “rooting”). The User is not allowed to make any changes or additions or act in any other way that would impair or endanger the proper operation of the VinFast App.
5.3 VinFast can further develop the VinFast App at any time and add, change or remove individual functions. There is no right to retain a certain range of functions. However, a complete discontinuation of the VinFast App will only take place after prior notice of termination.
5.4 When using VinFast App, You undertake to comply with all applicable provisions of foreign trade law and export control. You are also responsible for complying with the local laws applicable to You regarding the import, export or re-export of the VinFast App as well as the associated software and technology. Furthermore, You expressly confirm that according to applicable export control or sanction regulations, are not prohibited from receiving and using the VinFast App, including the associated software or technologies. If this is not the case, we are entitled to terminate existing contracts with You - in particular these VinFast App T&C and any related agreements - and to block access to the VinFast Account and all associated Connected Services for You.
6. Services
6.1 The VinFast App is analyzed as the application software enabling the User to use the Connected Services. The VinFast App is therefore a user interface. The Connected Services offered to the user through the VinFast App are framed and defined within the CONNECTED SERVICES T&C. It is recommended that the USER refers to the CONNECTED SERVICES T&C and his/her order form in order to know the completeness of the Connected Services included on his/her vehicle.
7. Cybersecurity, protection and other legal interests
7.1 VinFast strongly recommends that the User takes all measures available (including device password, graphic pattern recognition, etc.) to protect its devices and its Vehicle against misuse or unauthorized access by third parties. Under no circumstances may the User disclose his/her VinFast Account access data or PIN code to anyone or grant access to the VinFast App, the vehicle and/or to the servers of VinFast except as explicitly provided for herein.
7.2 VinFast may take the necessary measures to protect itself against access not authorized in accordance with paragraph 7.1 and/or risk of cyber-attacks or other threat affecting the Vehicle, traffic and road safety, life, health, freedom of each control information about him (privacy), property and other legal property of the Used, the owner or holder of the Vehicle, third parties and/or VinFast. Depending on the severity of the threat and/or the importance of the legal assets threatened, the application of measures may be necessary leading to temporary accessibility restrictions and/or features or total blocking of Connected Services. To avoid any confusion, the right defined in this paragraph does not limit the legal obligations of compliance or liability of VinFast.
7.3 VinFast may provide the User with updates, including updates to security, at no additional cost, in order to apply the above measures or to restore accessibility to the VinFast App or data connection features. Restoration of the (full) accessibility and functionality of the VinFast App or the data connection may require the User to install the update or an additional cooperation (e.g. change password for VINFAST ACCOUNT).
8. Intellectual Property
8.1 This License does not allow You to use the VinFast App on any supported version of a smartphone that You do not own or control, and You may not distribute or disseminate the VinFast App over a network where it could be used simultaneously by multiple devices. You may not rent, lease, loan, sell, redistribute or sublicense the VinFast App.
8.2 VinFast, its respective licensors as well as the contractual partners retain all copyrights, exploitation and other property rights to the contents of VinFast App, in particular texts, illustrations, designs, graphics, layouts, images, images, tools, audio and video content and the selection and arrangement thereof as well as all other information in the VinFast App.
8.3 Contents of VinFast App may not be reproduced, copied, reproduced, distributed, rented, lent, presented, shown to the public, made publicly available, edited, adapted, redesigned or used in any other way without the prior written consent of VinFast except and only to the extent that any of the foregoing restrictions are prohibited by applicable law.
8.4 Any attempt to do so is a violation of the rights of VinFast and its licensors.
8.5 If You violate this restriction, You may be subject to prosecution and damages.
9. VinFast's Liability
9.1 VinFast’s liability for or in connection with the provision of the VinFast App in the event of a slightly negligent breach of an essential contractual obligation in accordance with these VinFast App T&C is limited to such damage that is foreseeable and typical of the contract. An "essential contractual obligation" in accordance with these VinFast App T&C is an obligation of the fulfillment of which is essential for the proper provision of Services in accordance with these VinFast App T&C, the violation of which endangers the purposes of these VinFast App T&C and on the fulfillment of which You as the User may regularly rely. VinFast is not liable for ordinary negligence in other respects.
9.2 VinFast's liability for gross negligence or intent or for injury to life, personal injury or health, as well as in cases of mandatory statutory liability (e.g. according to the Product Liability Act) are neither excluded nor restricted by these VinFast App T&C. Furthermore, liability is not excluded or limited in cases where and to the extent that VinFast has given a guarantee.
9.3 You undertake to indemnify VinFast without limitation for all damage, costs and expenses, including reasonable legal costs, that result from your negligent or intentional violation of these VinFast App T&C.
9.4 The Contents of VinFast Account and VinFast App are legally non-binding. VinFast does not warrant for the accuracy, completeness and timeliness of the Contents of VinFast Account and VinFast App. In particular, VinFast does not warrant that the VinFast Account and VinFast App is continuously accessible, error-free, virus-free and secure and that Contents of VinFast Account and VinFast App can be downloaded safely.
10. Disclaimer of Warranty
10.1 Except as otherwise set out in these VinFast App T&C and to the extent permitted by law, neither we, nor any of our Affiliates will have any liability to you or to any third party that arises out of or relates to provision of the Connected Services or any dispute, controversy or claim that arises out of or relates to your actions or inactions, or the provision of the Connected Services. Claims arising out of or which are related to a Third Party Service shall exclusively be dealt with between you and the third party, and to the extent permissible under law VinFast shall not be liable for any loss or damage.
10.2 Nothing in these VinFast App T&C excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified.
11. Links to external websites/applications
The VinFast App links directly or indirectly to external websites and applications operated by Third Parties. The availability or the content of these external websites and applications are not under the control of VinFast and VinFast has no influence on these external websites and applications and assumes no responsibility. VinFast does not adopt the content of these external websites and applications as its own and does not warrant the accuracy, completeness and timeliness of the content of the external websites and applications. In addition, VinFast does not warrant that the external websites and applications are continuously accessible, error-free, virus-free and secure and that the contents of the external websites and applications can be downloaded safely.
12. Change of the VinFast App T&C
VinFast reserves the right to change these VinFast App T&C for legitimate reasons, in particular for legal, regulatory or security reasons in accordance with this section. The changed VinFast App T&C will either (1) be published and communicated to the User no later than 30 days before the intended date of entry into force, or (2) displayed to the User when using the VinFast App. They are deemed to have been effectively agreed between VinFast and the User.
13. Privacy
Collection and transmission of the Vehicle data and location data are a core part of all VinFast Vehicles and the reason why some customers choose VinFast, allowing for advanced features and an enhanced driving experience. VinFast provides this seamless experience while protecting your privacy.
Upon purchase of a VinFast Vehicle, either in the Showroom or online, you have been invited and provided instructions on how to create your VinFast Account. By accepting our Connected Services T&C and entering your authorized email, the VinFast Account will be linked to your VinFast User Profile as defined in the Connected Services T&C. You will then be able to make a choice and to decide if you want to turn on or turn off your data transmission and location transmission. If you turn-on data transmission and location transmission, all Connected Services become available through the MHU or via VinFast App. Deactivation of data transmission is possible at any time in the MHU and or the VinFast App settings.
Please note that certain advanced features such as over-the-air updates, remote services, and interactivity with mobile applications and in-car features such as location search, Internet radio, voice commands, and web browser functionality rely on such connectivity. If you choose to deactivate data transmission and or location data transmission, we will not be able to know or notify you of issues applicable to your Vehicle in real time. This may result in your Vehicle suffering from reduced functionality, serious damage, or inoperability.
Collected data can be potentially also transferred to third parties such as rental companies or fleet managers if they have the legitimacy to process it for their own purposes and according to a relevant legal basis such a contract passed between them and the car user and subject to their own privacy policies for other purposes as stated in their own privacy policy.
For more information on VinFast App privacy refer to the General Privacy Policy.
14. Place of Jurisdiction, Applicable Law
14.1 To the extent the User is not considered as a consumer all claims in connection with this contractual relationship are subject to the exclusive jurisdiction of the courts of Hanoï.
14.2 If the User is 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 Hanoi, Vietnam, or before any other court which is competent in this case in accordance with your local applicable consumer law if any.
14.3 For all disputes arising out of or in connection with the VinFast App and these VinFast App T&C, the law of Vietnam applies exclusively; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the User is a consumer, the law of the country in which the consumer has their place of residence or habitual residence at the time of the conclusion of the contract applies. This does not affect the application of mandatory provisions that restrict the choice of law, and in particular the applicability of mandatory laws of the state in which the consumer is habitually resident, such as consumer protection laws.
