VinFast Auto Canada Inc., and its affiliates, (hereinafter referred to as “VinFast”), are engaged in the declared principal activity of the sale of sustainable electric vehicles. As an accessory to the vehicles VinFast markets and through different usage channels, VinFast allows its customers to benefit from certain digital connected services as more fully described in this Agreement ("Connected Services"). Use of the Connected Services is subject to these VinFast Connected Services Terms and Conditions (“Terms”), which constitute a legal agreement between you and VinFast. If you do not agree to such terms and conditions, do not use the Connected Services.
1.1 Connected Services are digital services offered from the moment you receive VinFast vehicle ("Vehicle "), by the screen of the Vehicle 's infotainment system (also referred to as the multimedia head unit or "MHU") or via a mobile application provided by VinFast ("VinFast App").
1.2 Any VinFast customer with full legal capacity is authorized to use the Connected Services 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 VinFast digital personal account (“VinFast Account Terms”). If you or a person using the vehicle is a minor, the minor should review these terms with their guardian.
1.3 These Terms govern your use and access to the Connected Services.
1.4 Depending on its user profile (“User Profile”), the owner of the Vehicle (“Owner”) and each user of the Connected Services (“User”, together with Owner, may be referred to as “you” or “your”) will be offered different categories of rights and access to Connected Services. The different User Profiles and their respective rights are defined in Article 5 below.
1.5 When connecting their VinFast Account to the Vehicle either through the VinFast App or the MHU each User accepts these Connected Services Terms by ticking the box preceding the following text: "I acknowledge that I have read and understood the Terms and I accept them".
1.6 In the event of non-acceptance of the Terms, the User must not access to the Connected Services offered by VinFast and contact VinFast at [email protected].
2. Prerequisites for service delivery
2.1 The centralized access service enabling use of the digital content or digital services is most often the User’s VinFast account associated with the Vehicle ("VinFast Account"). The Connected Services are associated with VinFast Account, which means that the User requires a VinFast Account in order for Connected Services to be offered to the User by VinFast. The VinFast Account will also allow the User of the Vehicle to use the Connected Services through virtual assistance while inside the cabin. The VinFast Account terms can be found here. The User must register with his VinFast Account to benefit from Connected Services.
2.2 The Connected Services may be operated through the VinFast App and the VinFast App serves as a User interface for Connected Services. VinFast makes the VinFast App available to the User by free download via the Apple App Store ® or the Google® Play Store. The VinFast App Terms apply to the use of the VinFast App and can be found here.
2.3 The Connected Services require a data connection between the Vehicle and the data server of VinFast. This connection is established by mobile networks or Wi-Fi. The Availability and performance (speed) of the connection depend on several factors that are not under the responsibility or control of VinFast. These factors include (a) radio and mobile reception and (b) disruption, alteration or interruption to mobile reception caused by tunnels, garages, underpasses, or other disruptive influences (weather conditions such as thunderstorms, jamming or other interference, buildings, bridges or mountains, high levels of demand in the mobile network, etc.).
2.4 The Vehicle is equipped with an integrated SIM card (eSIM). For certain Connected Services, the required data connection between the Vehicle and the data server of VinFast is established using this eSIM card, free of charge for the User and without any obligation for you to conclude a separate contract to that effect by a telecommunication operator commissioned by VinFast.
2.5 For certain Connected Services, the User is required to enter into a separate contract with a telecommunication operator to establish the data connection between the Vehicle and/or the User and the data server of VinFast. Such data connection is governed exclusively by the general conditions provided with the telecommunications operator. In these cases, additional costs may result from the use of Connected Services and this includes to connection and roaming charges. These costs are not the responsibility of VinFast, they are obligations only of the User.
2.6 For a list of Connected Services that may incur fees for use, please refer to https://om.vinfastauto.com/en_ca.
3. Scope and amendments
3.1 These Terms govern the rights and obligations of the User and VinFast with regard to Connected Services and additional service ordered by a User. Connected Services and services provided by third parties may vary depending on the model, the year of manufacture and equipment of the Vehicle, the version of the Connected Services software installed in the Vehicle, the country of use of the Vehicle and the Connected Services ordered for the Vehicle.
3.2 The rights and obligations assigned to Users pursuant to these terms and conditions may vary according to their User Profile. The rights and obligations of the User Profiles are defined in Article 5 below.
3.3 These Terms do not Apply to the VinFast Account, the VinFast App or any other digital content or service provided separately by VinFast (such as In-Car Apps), or services provided by a third party unrelated to VinFast ("Third Party Services"). If such content or digital service is made available through the Connected Services, separate terms and conditions shall apply to the provision of access to Third Party. This also applies if an existing contract for Connected Services is a prerequisite for the provision of digital content and services. Depending on the Third Party Services, access may (a) include access for as long as the Third Party Services are provided to the User or (b) include one-time access to Third Party Services. Third Party Services may be subject to the separate terms and conditions that the User may have to accept in order to access and use through the Connected Services.
3.4 Article 3.2 Applies to the Plug&Charge Third Party Services, which may be activated by the Admin Profile (as defined in these Terms). If Plug&Charge is activated, every User of the Vehicle (including a Secondary Driver) may charge the Vehicle at public charging stations equipped for the Plug&Charge service at the and such charging sessions will be completed under and billed to the Admin Account.
3.5 VinFast may change these Terms from time to time with immediate effect. Upon such a change, User may accept the updated terms to continue using the Connected Services, or cease using the Connected Services.
4. Description of the services
4.1 Connected Services fall into several categories as detailed below. Some of the features listed below are standard for the User 's Vehicle and others may be unavailable on or optional features carrying additional costs. It is recommended that the User refers to their order form in order to know the completeness of the Connected Services included on his Vehicle.
4.1.1. Car Control
The Connected Services described for in this section will allow the User to utilize some of the following functions remotely through the VinFast App or by voice command while inside the cabin and connected to the VinFast Account. A non-exhaustive list of features that may be available includes:
- Turn on/off Automatic High Beam
- Control car window
- Close/open rear trunk
- Unlock front trunk
- Unlock battery charging port
- Control rearview mirror
- Control AC
- Control Sunroof close/open)
- Control fog lamp
- Control driving modes
- Adjust speaker volume (balance, focus, volume)
- Control Seat Heater/Ventilation/Massage (Front/rear)
- Control regenerative braking
- Select time format
- Change vehicle name
- Use horn
- Lock/unlock car door
- Send notifications to VinFast App if car trunk, fuel lid or any door are opened for more than 5 minutes
- Valet mode
- Pet mode
- Camp mode
- Reduce chimes volume
- Car wash mode
4.1.2 User profile/ Account management and synchronization
User Profile / Account management and synchronization services facilitate access to each User 's Profile and customized options. A non-exhaustive list of features that may be available includes:
- Automatically create new car owner’s account upon handover and welcome via screen
- Remember user’s settings by Profile
- Authorize second user/driver to use the car and set up an independent account
Navigation facilitate the user experience of navigation while driving. A non-exhaustive list of features that may be available includes:
188.8.131.52 Basic navigation
- Search locations on map, guide, and plan trips for User
- Search charging stations (by area, availability, the maximum charging speed, CPO name)
- Find parking spaces (based on distances, available slots, prices)
- Warn and suggest directions to the nearest charging stations when the battery is low
184.108.40.206 Advanced trip planner
- EV Routing: automatically suggest routes through charging stations when battery level is not sufficient for the trip
- Route synchronisation from VinFast App onto main screen
- Live traffic (show real time traffic on the map)
- Satellite view (show satellite view on the map)
- Locate vehicle location remotely (vehicle location is located on VinFast App)
4.1.4 Vehicle security and maintenance
Vehicle Security and Maintenance services make information about the vehicle and its maintenance to the User. A non-exhaustive list of features that may be available includes:
- E-call/Auto e-call when an accident is detected (the service automatically make phone calls in emergency). In case a call is made, the information is sent to first responders including location, vehicle type, VIN number, time of incident, vehicle direction, number of people in car)
- Roadside assistance
- Intrusion alert
- Suggest maintenance schedule
- Basic technical indices of car: car tire’s pressure, car temperature, environment temperature
- Basic operational information of car: purchase data, the number of traveled kilometers, the traveled time, transaction history, maintenance history)
- Driving history of car (driving trends)
- Trip journey details (trip history)
4.1.5 In-Car Home and Office
In-Car Home and Office services related to multimedia and User experience. A non-exhaustive list of features that may be available includes:
- Q&A with virtual assistant
- Q&A about general information (weather, sports, prices, stock, etc.)
- Q&A about news
- Virtual assistant personalization
- Android Auto and Apple Car Play connections
- Audio entertainment
- Listen to music
- Listen to radio
- Listen to audio book
- Video streaming
- Web browser
- Smart home control
- Personalization schedule and phone book synchronization
- Daily task reminder
- Call by phone book
- Text-to-speech & speech-to-text
- Receive message/email with text to speech
- Send message/email with speech to text
4.1.6 In-Car Shopping
In-Car Shopping services allow the User to engage in online shopping.
4.1.7 Over the air update
Over the air update services facilitate software updates.
4.1.8 Car service
The car service features relate to services for the Vehicle. A non-exhaustive list of features that may be available includes:
They can be described as follows:
- Aftersales service schedule notification
- Receive maintenance schedule reminders
- Schedule car maintenance, inspections and repairs
- Battery management
- Actively adjust the battery temperature to save charging time and prolong battery life
- Charge scheduling
- Charging management
- Set charging limitation based on the percentage of battery
- Follow charging status
- Postpaid fee payment
- eSIM multi profile
4.2 Descriptions of services and further information on Connected Services can be found in the product brochures, description of the digital service on VinFast Website and/or can be obtained on request from the VinFast FAQ or the VinFast contact service here.
4.3 The Connected Services may include certain information, services and features that are provided by third parties. For Third Party Services, a pop-up will Appear on your VinFast App or on the MHU of your Vehicle before you can access these Connected Services. VinFast has no control over such Third Party Services or the information, services or features that they provide, and accepts no responsibility or liability for Third Party Services or for any loss or damage that may arise from your use of or reliance on them. If you decide to use Third Party Services, you do so entirely at your own risk and subject to any terms and conditions of the Applicable third party.
4.4 Third party service providers include the parties listed below. A non-exhaustive list of third party service provides includes:
- Amazon Alexa ®
- Amazon AWS ®
- Android Auto ®
- Apple Projection CarPlay ®
- Calmcar ®
- Gameloft ®
- Here ®
- Hubject/Bosch ®
- IHeart ®
- Okta ®
- Securiti.ai ®
- Sentry ®
- Sony ®
- Spotify ®
- TuneIn ®
- Upstream C4-VSOC ®
- YouTube ®
This list may change over time, for further information please refer to the dedicated VinFast website page.
5. User Profile, PIN code
5.1 The availability of User Profiles may vary depending on the model, year of manufacture, equipment of the Vehicle and version of the Connected Services software installed in the Vehicle.
5.2 The User may be :
- the Owner;
- the primary User (“Primary Driver”);
- a secondary User ("Secondary Driver "); or
- Guest (“Guest ” or “ Guest Profile ”), and there is also
- Valet mode (“Valet”)
5.2.1 The Vehicle Owner is the person who legally owns and administers the vehicle. When the Owner's Profile is linked using the VinFast App, the Owner is automatically set as the Primary Driver but Owner can delegate the Primary Driver role to another person who has a VinFast Account.
5.2.2 The Primary Driver is the person, generally the owner of the car, who chooses to create a main User Profile (this main user profile is referred to as the “Admin Profile”) to connect the Vehicle to Connected Services and used the Connected Services. The Primary Driver status allows to have access to the full scope of the Connected Services. The Primary Driver Profile can be cancelled at any time through VinFast App and/or the MHU if there is a transfer of ownership. The Admin Profile can only be created Owner Approval.
5.2.3 The Secondary Driver is the one who is connected to the Vehicle with the Connected Services and who is Approved as a Secondary Driver of the Vehicle by the Primary Driver through his Admin Profile, to use an additional Profile “Linked Profile”. The Secondary Driver may not have access to the Connected Services which be exclusively provided to the Primary Driver. The Secondary Driver can also cancel their Secondary Driver role themselves. The role of the Secondary Driver is intended for a person who regularly uses the Vehicle for a long period (e.g., family member or friend of the Primary Driver). Several Secondary Drivers may be assigned to the Vehicle at the same time. The Secondary Driver must accept these Connected Services T&C when first connecting to the Vehicle connected to Connected Services. There are certain rights and obligations that are assigned solely to the Primary Driver and do not Apply to a Secondary Driver.
5.2.4 The Guest Profile is the default Profile of the Vehicle. It can be chosen by an occasional User without activated data transmission between the Vehicle and VinFast systems or third-party systems.
Guest Profile does not have access to Connected Services that are exclusively provided to the Primary Driver and Secondary Driver apart from Universal Emergency Call Service (e-Call).
5.2.5 The Valet mode can be chosen by the Primary Driver and or the Secondary Driver can activate through his Admin Profile or Linked Profile to allow a third party User to use the Vehicle with very limited functions. Without this list being limitative, the Valet mode will include speed limit and ADAS functionalities deactivation.
5.3 These Terms do not apply to persons other than the Primary Driver and Secondary Driver that chose a non-connected profile.
6. Cybersecurity, protection and other legal interests
6.1 The User is solely responsible for taking any and all reasonable precautions to prevent others from gaining unauthorized access to the Vehicle and Connected Services (including using passwords, graphic pattern recognition or other protective measures on the relevant devices and systems). 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 Connected Services, the Vehicle and/or to the servers of VinFast, 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 access 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, property and other legal property of the User, the owner or holder of the Vehicle, third parties or VinFast. Depending on the severity of the threat and/or the importance of the legal assets threatened, VinFast reserves the right to implement necessary security measures including, without limitation (and as determined by VinFast) temporary accessibility restrictions, limit features or completely block the Connected Services. To avoid any confusion, the right defined in this Article 6.2 does not limit VinFast’s legal obligations.
6.3 If there is unauthorized access or security event, VinFast may provide the User with updates, including updates to security, at no additional cost for the purpose of Appling the above measures or to restore accessibility and Connected Services or data connection features. Restoration of the (full) accessibility and functionality of the Connected Services or the data connection may require the User to install the update and take additional actions (e.g. change password for VinFast Account).
7. Updates (enhancements, debugs and changes)
VinFast may provide the User with updates to the Connected Services at no additional costs.
7.1 The evolution of Internet services occasionally requires the improvement of services to adapt to new technical functions, changes in the behavior and needs of the User, or changes in the technical development of the environment/infrastructure. VinFast may provide the User with updates, new software versions and versions including technical adaptations or additional services, functions, links, integrate services (modules) or redesign and recompile services, as well as change the name and Appearance of Connected Services (“Improvements”). VinFast will use commercially reasonable efforts to ensure that Improvements do not diminish the compliance of the Connected Services with legal, regulatory and legal requirements or diminish the User’s over all access to or ability to use the Connected Services. VinFast is not obliged to supply Improvements.
7.2 VinFast will provide the User with updates (in accordance with Article 10), including security updates that contain debugs that preserve the compliance of Connected Services with Applicable policies, regulations and laws. VinFast will inform the User of the availability of updates containing debugs, consequences of not installing these updates, and provide the User with installation instructions. This Article 7.2 does not limit the recourse of the User in case of lack of conformity in accordance with the Article 11.
7.3 VinFast may provide the User with updates containing changes to Connected Services beyond what is necessary for maintain compliance of the Connected Services. With the exception of updates for emergency repairs or fixes, VinFast will inform the User of these changes. If the modification interferes with the User's access to or use of the Connected Services and that the impact is not only minor, the following Applies: VinFast will use reasonable efforts to inform the User by e-mail at least four (4) weeks in advance of the characteristics and time/date of the modification and will indicate to the User if they are allowed to maintain the Connected Services at no additional cost without the modification or if he has the right to withdraw from the contract in accordance with these Terms.
8. Customer Service
In the event of difficulties regarding the purchase or activation of Connected Services, technical malfunctions or other problems relating to the use of the Connected Services, the User can contact the customer service of VinFast. Customer service details are available in VinFast Website or under the following link.
9. Rights of use
9.1 The User has a non-exclusive, non-transferable, non-sublicensable right to use the Connected Services and any content and information obtained through them. Except for the permission expressly granted from the Admin Profile to Primary Drivers or Secondary Drivers, the User is not authorized to grant third parties’ access to the Connected Services or content and information obtained through the Connected Services. The User is not authorized to disclose the credentials (VinFast Account password, S-PIN) to third parties.
9.2 The conversion of the software or any transformation of object code into source code (decompilation) are prohibited, except to the extent that where a right of decompilation cannot be excluded under applicable law.
10. Responsibilities of the User
10.1 The User ensures that his specific use of the Connected Services does not violate the provisions of these Terms, applicable law (in particular the any laws relating to driving and highway safety), the rights of the Owner as well as other people. The User remains responsible for the use of the Connected Services by third parties if it grants such third parties access to the Connected Services, even if they inadvertently provide access by failing to disconnect from the Connected Services after using the Vehicle. By using any of the Connected Services, the User is responsible for complying with all warnings and information in the description corresponding services. The Owner or Primary Driver retains full responsibility for any precautions that must be taken to ensure road safety and maintenance of the Vehicle. Any warning and error messages provided by the Connected Services are informative only and the User is responsible for monitoring the health of the Vehicle and maintaining awareness of driving conditions. At all times, it is the sole responsibility of the Driver of the Vehicle to respect the local traffic and motor vehicle regulations and highway safety legislation.
10.2 If the User is not the Owner of the Vehicle, before making updates to the software, the User is obliged to ensure that they are authorized to do so by acquiring the permission of the Owner. In certain situations, the User can find information about permission to perform software updates in agreements between the User and the Owner regarding the use and ownership of the Vehicle (e.g. in the leasing contract or, for a company car, in the employer's policies on company cars or in the employment contract). In case of doubt, the User must request the prior agreement of the Owner of the Vehicle to update the software.
10.4 The Primary Driver must disable Plug&Charge in the VinFast App before handing over the Vehicle to any other person and the Primary Driver will be responsible for any costs incurred from a failure to disable Plug&Charge.
10.5 In the event of a sale or other permanent transfer of the Vehicle to a third party, the Owner/Primary Driver is required to (a) complete any ownership transfer actions designed by VinFast and (b) delete its personal data in the MHU of the Vehicle in reset the system.
10.6 In a User fails to comply with its obligations in this Article 10, the User will be held liable for compensation for all damages suffered by VinFast and undertakes to indemnify VinFast against any third-party claims against VinFast resulting from the User’s non-compliance.
11. Recourse for lack of conformity (warranty)
11.1 If you are a Quebec consumer as the term is defined under the Consumer Protection Act (CQLR c P-40.1), THE EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION DO NOT 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.
11.2 THE CONNECTED SERVICES ARE 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.
11.3 In the event a purchased Connected Services are unavailable, and VinFast is not able to correct such non-availability within a reasonable time by updating, restoring continuous operation, eliminating restricted performance (speed) or otherwise, the Owner shall be entitled to a discount equal to the difference between the value of the Connected Services available and the value of the Connected Services purchased.
11.4 Notwithstanding the provisions of Article 11.2 of these Terms, VinFast shall not be liable for any unavailability or lack of conformity to the extent that such issues results from a User’s failure to install an update within a reasonable time.
11.5 The Owner may contact the customer service of VinFast. The Customer service contact details are available here.
12. Liability of VinFast
12.1 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 CONTAINED IN THIS SECTION DO NOT RELEASE VINFAST FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES.
12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINFAST SHALL NOT BE HELD LIABLE IF THE CONNECTED SERVICES 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. In addition, VinFast reserves the right to, at any time, modify, update, upgrade and/or shut down, temporarily or permanently, the Connected Services (or any part thereof).
12.3 The liability of VinFast is excluded in cases of force majeure (disputes) military, epidemics, pandemics, natural disasters, labor disputes, embargoes, acts terrorists or other events beyond the control of VinFast, which are unavoidable and that cannot be rendered harmless by VinFast, even with the most great reasonable care) or necessary maintenance, repairs or other measures on technical installations of VinFast or a third party that provides data, content, information or transmission capabilities that may cause disruption, and unavoidable interruptions or reduced performance (speed) of Connected Services.
12.4 VinFast is not responsible for the accuracy, timeliness, precision, the completeness and/or quality of the data, content and information made available via the Connected Services provided by Third Party Services. Information and data attributable to Third Party Services is not reviewed or modified by VinFast.
12.5 VinFast has no knowledge of the legal and actual relationships between the Owner and the Users. The Owner is solely responsible for the correct assignment of User Profiles (in accordance with Article 5.1) between Users and level of access granted to each User.
12.6 VinFast shall not be liable for any loss or damage arising as a result of any use of the Connected Services by the User that does not comply with these Terms and/or applicable law. This Applies in particular if the driver of the Vehicle is distracted while driving due to the use of Connected Services and this distraction leads to an accident. USERS ARE SOLELY RESPONSIBLE FOR EXERCISING GOOD JUDGMENT, ACTING IN A SAFE AND RESPONSIBLE MANNER, AND OBEYING ALL LAWS AND REGULATIONS AT ALL TIMES.
12.7 VinFast shall not be liable for any loss or damage arising from the User’s password selection or by a third party to whom the User has granted access to the Connected Services.
12.8 USER’S USE OF THE CONNECTED SERVICES IS AT THE USER’S SOLE RISK, AND THE AVAILABILITY OF THE CONNECTED SERVICES IS EXPRESSLY CONTINGENT ON THE LIMITATIONS AND DISCLAIMERS CONTAINED HEREIN. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VINFAST, OR ANY OF ITS AFFILIATES (OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS) (COLLECTIVELY, “VINFAST PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, PERSONAL INJURY, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE CONNECTED SERVICES OR OUT OF OR IN CONNECTION WITH THESE TERMS. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL ANY VINFAST PARTIES BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS ON THE CONNECTED SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SHALL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
12.9 These limitations of liability Apply not only to the User, but to anyone using the Connected Services through the User’s account (whether or not authorized). THE FOREGOING LIMITATIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Duration of the contract, termination
13.1 The duration of the Terms commences when the Owner links its VinFast Account to the Vehicle and agrees to the Terms. The Terms cease to apply when the Owner deletes its VinFast Account or transfers ownership of his Vehicle.
13.2 VinFast may terminate the Connected Services and its obligations in these Terms for any reason, including the elimination of the type of Connected Services you have, our inability to maintain any of the Connected Services, 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 Connected Services. In addition to the preceding, VinFast may terminate all of some of the Connected Services without prior notice to you if it has good cause to do so. VinFast may terminate some of all of your Connected Services 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 for a Third Party Service, or if you use the Services for illegal or improper purposes. VinFast may, in our sole discretion, reactivate some of all of the Connected Services
13.3 In the event of a termination of Connected Services and these Terms, the Connected Services will be deactivated in the affected Vehicle. VinFast Accounts associated with the Vehicle shall continue to exist even after the termination of these Terms until it is deleted by the account owner.
In the event of breach of these Terms, VinFast is entitled to suspend the User 's access to the Connected Services.
15.1 Providing Connected Services to the Primary and/or Secondary Driver requires data transmission between the Vehicle and VinFast IT systems and/or the Third Party Providers IT systems according to their respectiv e terms and conditions. You acknowledge that in order for you to be able to fully use the Connected Services, we may need to use automatic means to collect information about you or your use of the Connected Services, and you may be required to provide certain information about yourself as a condition of downloading, installing, or using the Connected Services (collectively, “User Data”).
15.2 You can configure in real time your consent to data transmission in the “Privacy Settings”.
15.3 If you choose to deactivate the connectivity of your Vehicle and related Connected Services, you will only have a very limited experience of Connected Services and User Data will not be transferred from your Vehicle to the VinFast offboard system, except in case of use of regulatory and essential services like E-Call (911 or equivalent) and will not be linked to your VinFast Account.
15.5 The Connected Services provided by Third Party Providers are subject to their own terms and conditions and privacy 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.
16. Place of jurisdiction, Applicable law
16.1 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 PROVISION DOES NOT APPLY.
16.2 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.
17. Dispute Resolution
17.1 IF YOU ARE A QUEBEC CONSUMER AS THE TERM IS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1, THE IMMEDIATELY FOLLOWING JURISDICTION PROVISION DOES NOT APPLY.
17.2 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.
18.1 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.
18.2 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.
18.3 VinFast reserves the right to modify these Terms unilaterally and at any time without notice. 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. The modification of the Terms will take effect from their publication. It is your responsibility to periodically check these Terms for changes. Use after such publication shall constitute acceptance of the new version of the Terms. Upon such a change, User may accept the updated terms to continue using the Connected Services, or cease using the Connected Services.