THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION 14 FOR INFORMATION.
NOTE THAT THESE TERMS APPLY ONLY TO THESE SERVICES; OTHER SERVICES PROVIDED BY THIRD PARTIES MAY HAVE SEPARATE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SERVICES. Click here for the Connected Services Agreement.
- 1. OWNERSHIP
- 2. INDIVIDUAL USE
- 3. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
- 4. YOUR PRIVACY
- 5. YOUR CONDUCT
- 6. LINKS
- 7. ACCOUNT REGISTRATION; ELECTRONIC COMMUNICATIONS
- 8. RIGHT TO REVISE THIS AGREEMENT
- 9. REVISION/TERMINATION OF THE SERVICES
- 10. VINFAST MAKES NO WARRANTIES
- 11. LIMITATION OF LIABILITY
- 12. INDEMNITY
- 13. CHOICE OF LAW
- 14. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
- 15. NO OFFER TO SELL OR LEASE
- 16. MOBILE SERVICES/APPLICATIONS AVAILABLE THROUGH THE SERVICES
- 17. MISCELLANEOUS TERMS
- 18. CONTACT US
All software, content and materials used or appearing on the Services are the exclusive property of VinFast or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Services is permitted without the prior written consent of VinFast and any other applicable copyright owner. You do not acquire any ownership rights by virtue of downloading material from the Services. If we request or permit the submission of your opinions, product ratings or reviews, ideas, suggestions, or feedback (collectively, “Feedback”), you grant VinFast a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, make available, communicate to the public, sublicense and otherwise use your submissions in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party. Further, for the benefit and in favor of VinFast, you waive any and all moral rights and agree never to assert any or all moral rights you may have in or with respect to the Feedback. You represent that all Feedback submitted by you is owned solely by you or that you have the necessary approvals and permissions to grant the license described above, and that the license grant does not violate applicable law or the intellectual property rights or other rights of others. You acknowledge that prior to making the submission, you may be required to sign an agreement prepared by VinFast that confirms those representations and licenses.
- INDIVIDUAL USE
You are only authorized to visit, view and to retain copies of pages of the Services solely for your own individual use. You may not duplicate, download, publish, modify, make available, communicate to the public or otherwise distribute any material on the Services for any purpose other than for your own individual use unless authorized by VinFast in writing.
- THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
You may not use the Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property or other legal rights of others or violates the privacy or rights of publicity of others.
- YOUR PRIVACY
- YOUR CONDUCT
When using the Services, you agree to:
- Comply with all applicable laws, rules, and regulations;
- Not take any action that interferes with the proper working of the Services, compromises the security of the Services, or otherwise damages the Services or any materials and information available through the Services;
- Not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others;
- Not attempt to gain unauthorized access to any portion or feature of the Services, to any other systems or networks connected to the Services, to any of our servers, or to any of the services offered on or through the Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
- Not probe, scan, or test the vulnerability of the Services or any network connected to the Services;
- Not attempt to breach the security or bypass the authentication measures on the Services or any network connected to the Services;
- Not upload any viruses or other malicious code to the Services;
- Not use the Services, or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the Services; and
- Not use any automated means to collect information or content from or otherwise access the Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
- ACCOUNT REGISTRATION; ELECTRONIC COMMUNICATIONS
You may receive marketing materials from VinFast, including news and special event and new vehicle information. It is completely voluntarily to receive these materials. You may also opt-out of receiving any marketing materials from VinFast at any time by contacting Us at the information provided in Section 18.
You may also have the opportunity to register for an account on the Services (“Account”) to access and use certain features of the Services, including certain applications offered by VinFast and certain specially-tailored products and services (e.g., for VinFast Owners). If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the personal information you provide is untrue, inaccurate, or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Services and/or to suspend or terminate your Account. If you create an Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You may not share your Account and password with anyone. You agree that you are responsible for all activities that occur under your Account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your Account.
We shall have no liability associated with or arising from your failure to maintain accurate personal information in connection with your Account, including, but not limited to, your failure to receive critical information about VinFast and/or the Services.
In addition to your Account on the Services, we may allow or require that you provide information or create an account to access or use some or all of the Services. By doing so, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with the Services, and/or refuse any or all current or future use of the Services or any portion thereof.
When you use the Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Services or in connection with the Services including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Services. You may have a legal right to receive certain information from us in writing. Subject to applicable laws, you agree that we may use email and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active email account, and you must have an Internet-connected device that is capable of receiving HTML emails and a method of storing or printing those emails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for VinFast to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed below. You confirm that you have the ability to access and retain emails.
- RIGHT TO REVISE THIS AGREEMENT
VinFast has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, “Additional Terms”) on your use of the Services. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by VinFast to the Services. Use of the Services following such notice indicates your acceptance of all such Additional Terms.
- REVISION/TERMINATION OF THE SERVICES
VinFast has the right, at any time, to modify or discontinue, temporarily or permanently, the Services, and/or to refuse or restrict anyone from access to any of the Services, with or without notice and in its sole discretion. VinFast shall not be liable for any modification, suspension or discontinuance of any Services.
- VINFAST MAKES NO WARRANTIES
YOU USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. VINFAST DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, VINFAST DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SERVICES IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.
As some jurisdictions do not allow exclusion of implied warranties, the above exclusions may not apply to you.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, VINFAST IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VINFAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VINFAST FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
Some jurisdictions do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
You agree to defend, indemnify and hold harmless VinFast and its parent, subsidiaries and affiliates, and their respective distributors, dealers, dealer associations and advertising and promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, “VinFast Entities”, each a “VinFast Entity”), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Services or your breach or alleged breach of any of this Agreement.
- CHOICE OF LAW
By accessing the Services, you agree that the laws of the State of California, USA, govern all matters relating to this Agreement, and the use, or inability to use, the Services, and that such laws will apply without regard to principles of conflict of laws.
- DISPUTE RESOLUTION AND CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND VINFAST AGREE TO SUBMIT EXCLUSIVELY ANY CLAIM, CONTROVERSY OR DISPUTE ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT, OR ANY OTHER POLICIES OR OTHER TERMS INCORPORATED THEREIN (INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, ENFORCEABILITY, VALIDITY, OR RIGHTS UNDER ANY OF ANY OF THE FOREGOING) (EACH, A “DISPUTE”) FOR RESOLUTION BY CONFIDENTIAL, INDIVIDUAL, BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.
THE PARTIES AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, PROVINCIAL OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT TO ARBITRATE, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT TO ARBITRATE IS VOID OR VOIDABLE. THE ARBITRATOR SHALL ALSO BE RESPONSIBLE FOR DETERMINING ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATING TO WHETHER THE TERMS ARE UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION, INCLUDING WAIVER, DELAY, LACHES OR ESTOPPEL.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO ARBITRATE A DISPUTE AS A CLASS ACTION; AND (II) YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
THE ARBITRATION WILL BE HELD IN CALIFORNIA. IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW. WE WILL WORK WITH YOU TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. IN THE EVENT THAT ARBITRATION IS NOT PERMITTED BY APPLICABLE LAW: (I) THE PARTIES EXPRESSLY AGREE THAT ANY DISPUTE WILL BE BROUGHT AND HEARD SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COMPETENT JURISDICTION LOCATED IN CALIFORNIA. THE PARTIES WAIVE ANY PLEA OR DEFENSE THAT SUCH COURTS ARE NOT THE APPROPRIATE VENUE OR THAT THEY ARE NOT SUBJECT TO PERSONAL JURISDICTION OF SUCH COURTS.
THE ARBITRATION WILL BE ADMINISTERED BY AAA. YOU MAY OBTAIN A COPY OF THE RULES OF AAA BY CONTACTING THE ORGANIZATION. EACH OF US SHALL AGREE ON ONE ARBITRATOR TO CONDUCT THE ARBITRATION. IN THE EVENT THE PARTIES CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE AAA RULES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, TO THE EXTENT EITHER PARTY IN ANY MANNER HAS VIOLATED OR THREATENED TO VIOLATE THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, THE NON-BREACHING PARTY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE, PROVINCIAL OR FEDERAL COURT OF COMPETENT JURISDICTION.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, ANY DISPUTE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ARISES. IN THE EVENT THAT ANY PROVISION OF THE AGREEMENT TO ARBITRATE IS HELD INVALID OR UNENFORCEABLE, ALL OTHER TERMS WITHIN THE AGREEMENT TO ARBITRATE SHALL REMAIN IN FULL FORCE AND EFFECT.
- NO OFFER TO SELL OR LEASE
All of the information contained in the Services is for informational purposes only, and in no way constitutes an offer to enter into any transaction for a VinFast vehicle, or other VinFast product or service. The purchase of any VinFast vehicle shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract. Any MSRP (Manufacturer’s Suggested Retail Price) listed on any of the Services are in U.S. dollars only and exclude tax, title, license and registration. Actual price may vary. The Services shall not be used or relied upon by you as a substitute for information that is available to you from an authorized VinFast automobile or parts dealer.
- MOBILE SERVICES/APPLICATIONS AVAILABLE THROUGH THE SERVICES.
If permitted or available through any feature or service on any of the Services, you may be able to (a) upload content to any of the Services or download content from any of the Services via a mobile device, (b) receive and reply to messages from or on any of the Services, or to access or make posts using text messaging, (c) browse any of the Services from your mobile device and/or (d) access certain features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). You must have a mobile communications subscription (or have the consent of the subscriber of such mobile device) for the necessary carrier services with a participating carrier or otherwise have access to a mobile communications network through which VinFast makes the Mobile Services available. You are responsible for any and all service fees associated with any such mobile access, including text messaging charges for each text message you send and receive on your mobile device, and all applicable data fees.
Additionally, please check your wireless plan because your carrier’s per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and wireless connections needed for you to use the Mobile Services, and you are solely responsible for any costs you incur to access the Mobile Services. You should keep in mind that the use of the Mobile Services to send content to another person via email or SMS (Short Message Service, or “text messaging”) may result in wireless charges to both the sender and the receiver.
- MISCELLANEOUS TERMS
This Agreement, including the policies and other documents referenced herein, constitutes the entire agreement between you and VinFast with respect to the subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and VinFast relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with VinFast. The failure of VinFast to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the remaining provisions should be interpreted to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 10 through 15 shall survive termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal effect.
- CONTACT US
If you have any questions or concerns about our Services or this Agreement, please contact us at [email protected] or at VinFast Auto, LLC, 12777 W. Jefferson Boulevard, Suite A-101, Los Angeles, CA 90066.