The following Terms & Conditions and Waiver Agreement (the “Agreement”) is made between VinFast Auto Canada Inc., 3500-1133 Melville street, Vancouver, British Columbia, V6E4E5 Canada (“VinFast”, “we”, “us”, “our”), and the company, partnership or individual making the booking and/or receiving the benefit of the Test Drive (“you”, “your”), and it applies to any test drive booking request, any test drive appointment, and any test drive you may participate in of a VinFast vehicle, at a VinFast store or elsewhere, carried out by or on behalf of VinFast (the “Test Drive”).
By requesting a Test Drive, you agree to be bound by this Agreement and any additional restrictions imposed by VinFast. THIS AGREEMENT INCLUDES WAIVER TERMS THAT WILL BIND YOU TO AGREEING TO WAIVE CERTAIN SUBSTANTIAL RIGHTS AND RELEASE VINFAST FROM CERTAIN LIABILITY IN RELATION TO THE TEST DRIVE. PLEASE ENSURE THAT YOU HAVE FULLY READ AND UNDERSTOOD THE TERMS CONTAINED HEREIN BEFORE ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE, YOU CANNOT BOOK OR PARTICIPATE IN A TEST DRIVE.
Test drives are offered subject to availability and eligibility.
VinFast reserves the right to refuse or withdraw the Test Drive or any request for a Test Drive, or to amend this Agreement in its sole discretion, without prior notice, at any time, for whatever reason, and without any liability to you for doing so.
1. Term
1.1. A booking constitutes your requested and confirmed date and time for the Test Drive at your selected VinFast store or another specified address (where such option is available at the discretion of VinFast).
1.2. VinFast reserves the right to refuse any request for a Test Drive in its sole discretion.
2. Title
2.1. Title to, and property of, the vehicle shall remain with VinFast at all times.
3. The Vehicle
3.1. Vehicles for Test Drives are subject to availability. We cannot guarantee that a particular vehicle or model will be available for a Test Drive.
4. Test Drive Booking
4.1. To place a Test Drive booking, you will need to follow the instructions and submit the details set out on the applicable Test Drive booking form available on www.vinfastauto.ca/en or www.vinfastauto.ca/fr.
4.2. The process comprises:
4.2.1. selecting the vehicle, you want to Test Drive;
4.2.2. selecting your preferred VinFast store;
4.2.3. specifying your preferred date, time, and location (either at your preferred VinFast store or another specified address where such option is available); and
4.2.4. providing all other information that may be required or requested, including but not limited to: title, first name, surname, email address, driver’s license, and contact information.
4.3. By submitting your request for a Test Drive, your details will be shared with the selected VinFast store (see our Privacy Policy for more information). Using the information you submit, your selected VinFast store will contact you to confirm your booking and arrange the Test Drive. The VinFast store will also be responsible for administering the performance of the Test Drive.
5. Participant Requirements for Test Drives
5.1. To be eligible for a Test Drive, participants must:
i. Be aged 18 years or older;
ii. Have at least 2 years of driving experience;
iii. Hold an acceptable* valid full driver’s license deemed valid for passenger vehicle road driving in the province of Ontario in accordance with all applicable legal and regulatory requirements (no provisional license will be accepted);
iv. Accept this Agreement, including the Release and Waiver of Liability, Assumption of Risk, and Indemnity terms contained herein;
v. Meet all other applicable requirements and conditions outlined in this Agreement, and notably those in paragraph 5.2 below.
*To be deemed acceptable, you must present your driver’s license and identification at the beginning of your Test Drive and allow your driving license to be copied for identification purposes. If you fail to present your driving license, you will be deemed to have not met participant requirements for the Test Drive and the participating VinFast store will be unable to continue with the Test Drive. This will be regarded as an abort Test Drive and no benefit nor compensation will be owed to you whatsoever.
5.2. You hereby declare that:
i. You have not been told or declared by a health care practitioner or competent professional or authority that you are unfit to drive or that it would be unsafe for you to drive, and, based on your own knowledge of your own health and fitness to drive, you have no reason to believe that such would be the case.
ii. You do not have any physical or cognitive condition that may impair your ability to understand instructions or participate in a Test Drive without creating a risk to others, yourself, or property.
iii. Your eyesight is of the standard required for road driving and you are not suffering any illness or disability which may make it unsafe for you to drive.
iv. You are not currently banned from driving by the authorities, and you will not proceed with a Test Drive if this changes before the appointment.
v. You will not be under the influence of drugs or alcohol at any time during the time of your Test Drive appointment.
vi. You understand that you are solely responsible for any decision as to your fitness to drive and if at any point you are not fit to drive, you must cease to take part in the Test Drive immediately.
vii. You will inform VinFast immediately of any accident, theft, or any damage whatsoever caused to the vehicle or any part of the vehicle, or of any failure to the vehicle occurring during the Test Drive. You shall not carry out any repair to the vehicle or any part of it nor will you access the vehicle’s engine or electrical systems.
6. RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY
IN CONSIDERATION of being permitted to drive, sit as a passenger or participate in any way in the Test Drive, to the fullest extent permitted by applicable law, YOU VOLUNTARILY AGREE TO THE FOLLOWING:
i. You meet all of the participant requirements and will respect all of the conditions outlined in section 5 of this Agreement.
ii. You will immediately upon entering any Test Drive area, inspect the area, and if you feel anything to be unsafe, you will immediately advise a VinFast agent/employee of such and not participate in the Test Drive until you feel it is safe to do so.
iii. You will always act reasonably and cautiously at all times during the Test Drive and during your presence in the Test Drive area.
iv. You UNDERSTAND AND ACKNOWLEDGE that participating in the Test Drive and being in the Test Drive area may be a HAZARDOUS ACTIVITY INVOLVING A NOTABLE DEGREE OF RISK AND DANGER, including but not limited to: INHERENT DANGERS INVOLVED IN DRIVING AN AUTOMOBILE GENERALLY SUCH AS COLLISIONS LEADING TO DEATH, INJURY, LOSS OR OTHER DAMAGES; OBJECTS IN THE TEST DRIVE AREA; VEHICLE MALFUNCTION; OR NEGLIGENT RESCUE OPERATIONS. You expressly acknowledge that YOU ARE VOLUNTARILY PARTICIPATING in the Test Drive with full knowledge of the risks and dangers described herein and involved with driving an automobile and with being in the Test Drive area.
v. YOU FURTHER UNDERSTAND THAT IF AN ACCIDENT OCCURS, YOU WILL BE HELD RESPONSIBLE FOR ALL DAMAGES AND REPAIR COSTS CAUSED BY FAULT OR NEGLIGENT CONDUCT OR BEHAVIOUR OF YOUR OWN.
vi. You will not participate in the Test Drive or be in the Test Drive area if you are under the influence of drugs or alcohol, or if there is any other physical or cognitive condition that may impair your ability to understand instructions or to participate without creating risk to others, yourself, the vehicle or other property.
vii. Any loss, damage or injury caused to any vehicle, property or person during the Test Drive or as a consequence of the Test Drive shall be at your own risk.
viii. You are responsible for all personal effects or belongings that you bring with you to the Test Drive and that you may leave behind or that may be damaged or lost during the Test Drive.
ix. You RELEASE, and will INDEMNIFY, DEFEND AND HOLD HARMLESS VinFast and its parent companies, affiliates, directors, officers, employees and agents (collectively “Releasees”), from any and all claims, including claims directly or indirectly related to the Releasee’s negligence or misconduct, resulting in any PHYSICAL INJURY, ILLNESS (INCLUDING DEATH), PROPERTY DAMAGE OR ECONOMIC LOSS you may suffer or which may result from your participation in this Test Drive and being in the Test Drive area.
7. Vehicle insurance
7.1. The vehicle shall be insured by VinFast as follows:
i. Third party liability – within the scope legally required.
ii. Full vehicle insurance, however, you are required to cover yourself in the case of damage caused intentionally, or by misuse or neglect whilst test driving the vehicle.
7.2. For avoidance of doubt, VinFast is not responsible for arranging any other form of vehicle insurance.
8. Vehicle Condition
8.1. No accessories or parts are to be removed from the vehicle.
8.2. Strictly no pets and no smoking are allowed in the vehicle.
8.3. Nothing is to be installed on the vehicle, including any stickers, signage, technology, or otherwise.
8.4. The vehicle must be returned in the same condition in which it was given to you.
9. Connected Vehicles
The use of connected services and driver assistance systems is subject to the creation of a VinFast account so that you can manage your driving experience settings. If you do not create a VinFast account, the test will be reduced to minimal functionality that does not require connectivity (e.g., radio, road driving, heating).
10. Cancellations and Amendments
Any cancellations and amendments should be arranged by you with your selected VinFast store directly.
11. Fines and Penalties
11.1. You shall, without limitation, pay promptly all bridge tolls and any fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the use of the vehicle during your period of use.
11.2. VinFast shall have the right to pay all bridge tolls and any fines (fixed or otherwise) or penalties in respect of parking, driving or similar offences incurred in connection with the use of the vehicle during your period of use on your behalf and recover the costs of doing so in accordance with clause 14 below.
11.3. In addition, you shall not do anything in respect of or in connection with the vehicle which may contravene relevant road traffic acts or any other applicable legislation.
11.4. VinFast will comply with its legal duties and shall provide information (including the supply of the your name and address) in response to any request from police and other relevant authorities for the purposes of identifying the user of a vehicle at a particular date and time in respect to any alleged speeding/parking fines, penalties, and motoring offences.
12. Vehicle Use
12.1. The vehicle is provided for demonstration and evaluation purposes only and should not be used for any other purpose or subject to unreasonable use. The vehicle is only to be used under standard driving conditions unless otherwise agreed. Permission to use the vehicle is granted to you personally, and you are not authorized to allow any other person to drive the vehicle.
12.2. You shall not disengage any active safety features on the vehicle.
12.3. The vehicle must only be driven in Canada.
12.4. You must follow the designated routes and obey all instructions from VinFast or those employees/authorized agents responsible for running the Test Drive. Unnecessary stops and deviations from the designated routes are not permitted and if you fail to comply you may be prevented from driving further.
13. Termination
13.1. VinFast may terminate the Test Drive immediately if:
13.1.1. You are banned from driving, for any period of time or convicted of a driving offence or cease to hold a valid driving license;
13.1.2. You, in VinFast’s reasonable opinion, are under the influence of drugs or alcohol at the time of the Test Drive; or
13.1.3. You are in breach of any terms or conditions of this Agreement.
13.2. Termination for whatever reason is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. The provisions of this Agreement which expressly or by implication have effect after termination shall continue to be enforceable notwithstanding termination.
14. Limitation of Liability; Indemnification
14.1. In addition to all other related terms of this Agreement:
i. YOU ACCEPT THAT VINFAST GIVES NO WARRANTY OF ANY NATURE RELATING TO THE VEHICLE NOR DOES IT MAKE ANY REPRESENTATIONS OR GUARANTIES WHATSOEVER ABOUT THE VEHICLE’S FITNESS OR PERFORMANCE DURING THE TEST DRIVE. VINFAST EXPLICITLY EXCLUDES, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW.
ii. YOU SHALL INDEMNIFY VINFAST FOR ALL COSTS, LOSSES OR EXPENSES SUFFERED IN THE EVENT OF DAMAGE OR LOSS OF THE VEHICLE CAUSED INTENTIONALLY OR BY MISUSE OR NEGLECT WHILST TEST DRIVING THE VEHICLE.
15. Force Majeure
VinFast shall be relieved of any liability arising out of any failure to fulfil an obligation under this Agreement the fulfilment of which is prevented as a consequence of an act of God, war, fire, flood, explosion, epidemic, pandemic, civil riot, civil commotion, import or export regulations or embargoes, strikes, lock-outs or other industrial activities or trade disputes, acts of terrorism or governmental act or interruption in utilities or any other cause beyond the reasonable control of VinFast.
16. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties regarding the subject matter hereof and replaces or supersedes any other agreement that may have been entered into between the parties regarding such subject matter prior to the effective date of this Agreement.
17. General
17.1. You shall not be entitled to assign or otherwise dispose of this Agreement or any interest or benefit arising under this Agreement in any manner whatsoever whether in whole or part.
17.2. You agree that you shall not place any signage or advertising on, or mark in any way, the vehicle. The vehicle must be returned in the same condition in which it was given to you.
17.3. This Agreement does not constitute, establish, or imply any partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party shall have, nor represent that it has, any authority to make or enter any commitments on the other’s behalf or otherwise bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability or the exercise of any right or power).
17.4. Each party shall comply with all applicable laws.
17.5. This Agreement is intended to be as broad and inclusive as permitted by applicable laws. If any portion thereof is held invalid, illegal or unenforceable, it is agreed that the balance shall survive and shall remain in full legal force and effect.
17.6. VinFast reserves the right to amend this Agreement at any time without notice.
18. Governing Law
The construction, validity and performance of this Agreement shall be governed in all respects by the laws of the province of Ontario and the federal laws of Canada, and the parties irrevocably agree that the Courts of such province shall have exclusive jurisdiction in any proceedings which may arise out of or in connection with this Agreement.
19. Electronic Signatures
Each party agrees that the signature or acceptance to be bound by this Agreement and any other documents to be delivered in connection herewith may be conducted by electronic means such as through a checkbox signifying acceptance to be bound by this Agreement and the corresponding electronic record of such acceptance. The parties agree that any such electronic record shall be treated in all respects as having the same force and effect as handwritten signatures.
20. Language
You acknowledge that if you reside in the province of Québec, you have received the French version of this Agreement and you have requested and agree to be bound by this English version instead. / Vous reconnaissez que si vous résidez dans la province de Québec, vous avez reçu la version française du présent accord et que vous avez demandé et accepté d'être lié par cette version anglaise à la place.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT YOU WILL GIVE UP SUBSTANTIAL RIGHTS BY ACCEPTING IT, AND THAT YOU NEVERTHELESS HAVE ACCEPTED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO YOU. YOU INTEND YOUR ACCEPTANCE OF THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF VINFAST AS WELL AS ITS AFFILIATES, SUBSIDIARIES, PARENT, AGENTS, REPRESENTATIVES AND EMPLOYEES, TO THE GREATEST EXTENT ALLOWED BY LAW. YOU FURTHER CERTIFY THAT: YOU ARE OF THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE AND THAT YOU ARE LEGALLY COMPETENT TO ACCEPT THIS AGREEMENT AND BE BOUND BY IT, ON BEHALF OF YOURSELF OR ON BEHALF OF A MINOR OR OTHER PERSON FOR WHICH YOU HAVE THE AUTHORITY TO DO SO.
