Preamble
VinFast Auto Canada Inc., and its affiliates, (“VinFast”) are engaged in the declared principal activity of the sale of sustainable electric vehicles. As an accessory to the vehicles VinFast markets VinFast has created a connection identifier 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 the digital connected services (“Connected Services”) installed on their vehicle (“VinFast Account”). Use of the VinFast Account is subject to these VinFast Account Terms and Conditions (“Terms”), which constitute a legal agreement between you (“User” or “you”) and VinFast. If you do not agree to such terms and conditions, please do not use the VinFast Account.
1. Scope
1.1. The VinFast Account acts as primary point of contact for owning and using of a VinFast vehicle (“Vehicle”) and to maximize your experience.
1.2. The VinFast Account is a virtual platform which will offer tools and applications to:
- Manage your contact with VinFast;
- Manage your Vehicle reservation;
- Keep track of your test drive appointments, the cars you configure, your reservations;
- Manage your orders and deliveries with VinFast;
- Manage your payments and invoices;
- Manage your trade-in offer;
- Manage your Vehicle on a day-to-day basis;
- Manage your charging services.
1.3. Any person with legal capacity may use the VinFast Account in accordance with these Terms as well as the general terms and conditions of the VinFast App (“VinFast App Terms”) and the general terms and conditions of the Connected Services (“Connected Services Terms”).
1.4. If you are a Quebec consumer as the term is defined under the Consumer Protection Act (CQLR c P-40.1), THE UNILATERAL AMENDMENT PROVISION CONTAINED IN THIS SECTION DOES NOT APPLY TO YOU.
1.5. VinFast reserve the right in our sole discretion, to unilaterally amend, change or modify any element of these Terms and will give the User advance notice of any such amendments, changes, or modifications. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
1.6. If you do not agree to any of the Terms or any of the changes, you must immediately discontinue your use of and cancel your VinFast Account. If you access or use your VinFast Account after any changes have been posted, you will be deemed to have consented to the amended terms and conditions of these Terms.
2. VinFast Account purpose and services
2.1. The VinFast Account is a free service and is available to you for use in accordance with these Terms.
2.2. The VinFast Account is a platform service that you can use to log into different services provided to you by VinFast or by third parties unrelated to VinFast (“Third Party Providers”) (e.g. websites, applications, maintenance, vehicle documentation and searching for charging points, all a part of the Connected Services) made available to you from time to time through the VinFast Account. In order to use the Connected Services, you may be required to provide your personal data to the provider of the Connected Services. For more information regarding personal data and the Connected Services please review the Connect Services Terms and the Connected Services Privacy Policy. 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.
2.3. These Terms apply exclusively to VinFast Account platform and not the Connected Services or VinFast App. The Connected Services are subject to Connected Services Terms and the VinFast App Terms.
2.4. Developments in the delivery web-based services and applicable law occasionally requires the services to be developed further and adapted to new technical possibilities or changes in user behaviour. Considering this, VinFast reserves the right to adapt the functionality of VinFast Account accordingly at any time.
3. Registering your VinFast Account
3.1. To register for a VinFast Account, you must complete the required fields with the clear and accurate information and a password (“login details”). All login details provided during the registration process must be verifiable in the event that VinFast or Third Parties Providers request this information to provide Connected Services.
3.2. To access a VinFast Account, you must choose a password that meets generally accepted industry standards for a password securing personal and financial information. First names, surnames, birthdays or names of family members are particularly unsuitable as a password. The same applies to simple combinations of digits (e.g. 12345). Avoid frequently used or repeating words. You are responsible for protecting your login details for VinFast Account from unauthorized access. You must keep your password strictly confidential. If your password becomes known to third parties, you must change it immediately. If you are no longer able to log into your VinFast Account, please contact VinFast’s customer service without delay. VinFast is not responsible for any losses, fees or charges from your failure to choose a secure password or maintain your password’s security.
4. Customer Care
In the event of technical issues or other problems, you can contact VinFast’s customer service via the following link.
5. Usage rights, user content and data use
5.1. VinFast grants you a non-exclusive, non-transferable and non-sub-licensable right to use your VinFast Account until the termination of the usage agreement based on these Terms.
5.2. The VinFast Account is provided for your personal, non-commercial use only – you may not license, lease, sell, resell, have licensed, have leased, have sold or resold, or otherwise transfer or convey any of the same for any purpose. When using the VinFast Account, you agree to comply with all applicable federal, provincial, territorial, and local laws including, without limitation, copyright law. Unless expressly permitted in these Terms, or as VinFast or an applicable Third Party Provider may expressly permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Services or Service Content for any purpose whatsoever without obtaining prior written consent from VinFast or the applicable Third Party Provider.
5.3. You must be legally authorized and have full rights (including intellectual property rights) 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”).
5.4. 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 offensive, inappropriate, obscene, unlawful, hateful, racist, defamatory, libelous, and other objectionable content or content that violates another’s persons privacy or rights ;
(c) infringes or violates someone else's rights, including their intellectual property rights;
(d) causes harm to minors in any way;
(e) infringes a patent, trademark, design, name right, copyright, property right or general personal rights;
(f) impersonates another person;
(g) conceals your identity or causes confusion regarding your identify;
(h) contains viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of VinFast systems; or
(i) glorifies, promotes or trivializes violence, war or a terrorist or extremist political organization.
5.5. VinFast does not claim any right of ownership in any User Content, and nothing in these Terms restricts any rights that a User may have to use such User Data. However, by accepting these Terms, downloading, installing or using the Connected Services, or otherwise providing or making User Data available to VinFast through the VinFast Account, User hereby grants VinFast a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, and distribute such User Content for the purposes defined by VinFast from time to time, including for (i) the purposes of operating and providing the VinFast Account, (ii) VinFast’s business development purposes, (iii) statistical purposes, (iv) compliance with law, court order, or similar process, (iv) the purposes set forth in the Privacy Policy; and (v) other purposes set forth in disclosures that may be presented to the User.
5.6. VinFast does not endorse, control or direct anything contained in User Content, and is not responsible for any User Content (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
6. Cybersecurity
6.1. The User is solely responsible for taking any and all reasonable measures available (including device password, graphic pattern recognition, etc.) to protect its devices and their Vehicle against misuse or unauthorized access by third parties. Under no circumstances may the User disclose their VinFast Account access data or PIN code to anyone or grant or permit (either intentionally or negligently) access to the VinFast App, the Vehicle and/or to VinFast servers, except as explicitly provided for in these Terms. You must immediately notify VinFast if there has been unauthorized access to the Connected Services, the Vehicle, the VinFast App or the VinFast Account. You and any Users will be liable for any fees, losses or claims relating to any unauthorized access arising from your failure to take reasonable precautions.
6.2. VinFast will take industry standard measures to protect itself against unauthorized access and/or risk of cyber-attacks or other threats affecting the VinFast App. The User is responsible for taking all appropriate measures to protect itself against unauthorized access and/or risk of cyber-attacks or other threats affecting the User’s use of the VinFast App, 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, VinFast reserves the right to apply necessary security measures including, without limitation (and as determined by VinFast) 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. Service restrictions
7.1. 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. UNDER ANY OF THESE CIRCUMSTANCES, VINFAST MAY AT OUR OPTION SUSPEND IMPACTED SERVICES WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY AND YOU WILL NOT BE ENTITLED TO A REFUND OR CREDIT.
8. Compliance with export regulations and control
8.1. When using the VinFast Account and the Connected Services, you are responsible for compliance with all applicable foreign trade and export control provisions, laws and regulations, particularly with regard to the import, export, re-export or use of digital services and associated products, software and technologies.
8.2. You also acknowledge and confirm that - in accordance with applicable and legally stipulated export control and sanction provisions - you are not prohibited from obtaining or using digital services and associated products, software or technologies.
9. Liability
9.1. IF YOU ARE A QUEBEC CONSUMER AS THE TERM IS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1), THE LIMITATIONS OF LIABILITY AND EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION DO NOT RELEASE VINFAST FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES, NOR DO THEY LIMIT YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.
9.2. THE VINFAST ACCOUNT IS PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. VINFAST HEREBY DISCLAIMS (ON BEHALF OF ITSELF AND ANY OF ITS SERVICE PROVIDERS) ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, ACCESSIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITATION TO THE FOREGOING, VINFAST PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
9.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINFAST SHALL NOT BE HELD LIABLE IF THE VINFAST ACCOUNT SHOULD BE UNAVAILABLE, INACCESSIBLE OR INTERRUPTED, AND THE USER WILL NOT BE ENTITLED TO ANY KIND OF COMPENSATION FOR ANY UNAVAILABILITY OF THE SERVICES OR ANY SECURITY VIOLATIONS OR BREACHES THAT MAY OCCUR FROM TIME TO TIME ON THE SERVICES.
9.4. VinFast is not liable for Connected Services provided by Third Party Providers. 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.
9.5. The limitations of liability stated in Items 9.2 to 9.5 shall not apply in the event of fraud, death or physical injury, to statutory product liability, to fraudulent concealment of a fault, to assumption of warranties and/or to the violation of essential contractual obligations (also known as material contractual obligations), or to the consequences of VinFast’s own acts or those of its representatives.
10. Applicability, termination and blocking
10.1. These Terms shall be effective with the registration of your VinFast Account and your acceptance of these Terms.
10.2. You may terminate your obligations in these Terms at any time with immediate effect by deleting your VinFast Account. To delete your VinFast Account, please refer to the following link.
10.3. By deleting your VinFast Account, you may no longer be able use VinFast services, including but not limited to the Connected Services. For further information please refer the Connected Services Terms.
10.4. VinFast may terminate the VinFast Account and its obligations in these Terms for any reason, including the elimination of the type of feature of the VinFast Account you have, our inability to maintain any of the features of the VinFast Account, or the termination of an agreement for any Third Party Service. VinFast will give you notice at least 30 days prior to the effective date of the termination of the VinFast App. In addition to the preceding, VinFast may terminate all of some of the VinFast App features without prior notice to you if it has good cause to do so. VinFast may terminate some of all of your VinFast Account features and its obligations in these Terms immediately if you breach any part of these Terms or the applicable laws and regulations, fail to pay amounts due to us or to a Third Party Provider, or if you use the VinFast Account for illegal or improper purposes. VinFast may, in our sole discretion, reactivate some of all of the features of the VinFast Account.
10.5. In the event of cybersecurity issues, VinFast may, instead of terminating its obligations in these Terms, suspend your access to VinFast Account and all associated products, services, software features and technologies until the grounds for this suspension no longer exist.
11. Place of jurisdiction, applicable law
11.1. If you are a Quebec consumer as the term is defined under the Consumer Protection Act (CQLR c P-40.1, THE IMMEDIATELY FOLLOWING GOVERNING LAW AND JURISDICTION PROVISION DO NOT APPLY.
11.2. These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
11.3. Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from or relating to these Terms, including all statements of work, exhibits, schedules, attachments, and appendices attached to these Terms, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of the Province of Ontario, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation or proceeding. Service of process, summons, notice, or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action, litigation or other proceeding brought in any such court. Each Party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The Parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
12. Data Privacy information
12.1. Proving the VinFast Account requires data transmission between the Vehicle and VinFast IT systems and/or the Third Party Providers IT systems. You acknowledge that in order for you to be able to fully use the VinFast Account, we may need to use automatic means to collect information about you or your use of the VinFast Account, and you may be required to provide certain information about yourself as a condition of downloading, installing, or using the VinFast Account.
12.2. Any Connected Services provided by Third Party Providers through the VinFast Account are subject to their own Terms and Conditions and privacy policy policies. If you decide to use such information, services and features, you do so entirely at your own risk and subject to any terms and conditions that the applicable Third Party Provider requires.
13. General
13.1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13.2. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
