These Test Drive Terms and Conditions (the “Agreement”) apply between VinFast Auto, LLC, with a place of business at 12777 West Jefferson Blvd., Suite A-101, Los Angeles, CA 90066 (“VinFast”) and the driver engaging in a test drive (the “Driver”) and govern the Driver’s use of the VinFast electric bicycle (the “Vehicle”).
Driver has voluntarily requested a Vehicle test drive subject to the terms and conditions of this Agreement. In consideration of being permitted to test drive the Vehicle, and intending to be legally bound, Driver agrees and attests as follows:
1. Driver Responsibilities. Driver must wear a helmet at all times while operating the Vehicle. Driver is responsible for its actions while the Vehicle is in Driver’s possession and agrees not to allow any other person to ride on or operate the Vehicle except in the event of an emergency. Driver will be liable for any parking, speeding, or other tickets or fines incurred while the Vehicle is in Driver’s possession. Driver will personally inspect the Vehicle and agree that it is free of any visible damage and/or defects, except if otherwise noted with the VinFast advisor before taking the test drive. Driver must immediately report any damage, accident, theft or vandalism involving the Vehicle to the police, VinFast and Driver’s insurance company and deliver to VinFast all notices, pleadings and documents regarding any claim, suit or proceeding related to Driver’s use, possession or control of the Vehicle.
2. Driver Representations. Driver represents and warrants that (i) his or her driver’s license is in good standing with the issuing authority, has had no disqualifications in the last 3 years, and is a valid license to operate a motor vehicle in the area where the Vehicle will be driven; (ii) Driver is 25 years of age or older and has held a driver’s license for a consecutive period of 3 years or more; (iii) Driver will not operate the vehicle negligently, recklessly, or in any manner contrary to applicable laws; (iv) Driver will be responsible for any losses that result from a breach of the Agreement and any damage and/or injury related to Driver’s use or possession of the Vehicle; and (v) Driver has in effect collision and liability insurance that meets or exceeds the minimum state requirements and applies to the Vehicle during the time that it is in Driver’s possession or control.
3. Waiver and Indemnification. Driver irrevocably, unconditionally and fully waives any claim for, and releases and forever discharges VinFast and its parent company, subsidiaries, affiliated entities, predecessors, successors and assigns; and all of their respective affiliates, subsidiaries, shareholders, directors, officers, members, employees, representatives, contractors and agents (collectively the "VinFast Parties") from all actions, causes of actions, complaints, suits, debts, costs, claims, losses, damages and demands whatsoever, which Driver, and anyone acting through, by or on Driver’s behalf, now has, or may have in the future, arising or alleged to arise in any way out of any cause, matter or thing relating to the Agreement, regardless of the cause or blame, including, without limitation, any negligent act or omission of the VinFast Parties. Driver agrees to indemnify and hold the VinFast Parties harmless from any liability, expense (including attorney’s fees), loss, or damage that the VinFast Parties may suffer as a result of claims, demands, costs, or judgments against the VinFast Parties related to the Driver’s acts or omissions.
4. Privacy. Driver agrees that VinFast may collect and use the data described below for the purposes indicated, subject to VinFast’s Privacy Policy which is incorporated herein by reference.
|
Type of Data |
Description |
Purpose |
|---|---|---|
|
Driver’s Identification and Contact information |
Name, email address, phone number, driver’s license, insurance information |
To communicate with Driver, to confirm eligibility for the test drive, and for enforcement of tickets or fines |
|
Vehicle Information |
Vehicle telematics, position, performance, and maintenance data |
Vehicle maintenance, performance analysis, and recovery if necessary |
|
Driver Preferences |
Product interests and vehicle needs, current vehicle, charging needs, purchase timeline |
To personalize services and Driver’s experience |
5. Miscellaneous. (i) The Vehicle is the property of VinFast, and this Agreement is solely for the purpose of allowing Driver to use the Vehicle as permitted under the Agreement. (ii) VinFast may track the GPS location while the Vehicle is in Driver’s possession. (iii) If Driver breaches this Agreement, VinFast may take reasonable action to locate and repossess the vehicle and charge Driver for its costs to do so. (iv) VinFast is not liable for loss or damage to Driver’s belongings in or on the Vehicle. (v) This Agreement shall be interpreted under the laws of the State of California, without reference to any choice of law principles. (vi) Driver agrees that other than any liability insurance required by law, VinFast does not provide any insurance coverage under this Agreement. (vii) DRIVER ACKNOWLEDGES THAT DRIVER IS GIVING UP ITS RIGHT TO RECOVER DAMAGES FROM OR SUE VINFAST FOR ANY INJURY, DEATH OR DAMAGE DRIVER MAY SUFFER WHILE PARTICIPATING IN THE TEST DRIVE(S).
