Website Terms and Conditions

The Terms and Conditions were last updated on 23/02/024 and contain important information about User’s rights and obligations in using the Website. Please read the Terms and Conditions carefully before accessing the Website.

1.    PUBLICATION

The https://vinfastauto.id website is published by PT VinFast Automobile Indonesia whose registered office is located at AXA Tower, 45th Floor, Jl. Prof. Dr. Satrio Kav. 18, Karet Kuningan, Setiabudi, Jakarta Selatan, DKI Jakarta, 12940., having its declared principal activity in the Electric Vehicles (EV) industry and its spare parts.

2.    DEFINITIONS

For purposes of this Terms and Conditions, unless the context require otherwise, the following capitalized terms shall have the following meanings:

“Elements” means various functions and information elements offered on the Website.

“Intellectual Property Rights” shall have the meaning as given to it in Article 13 of the Terms and Conditions.

“My VinFast Account” means  User’s account as described in Article 6 of the Term and Conditions.  

“Products and Services” means all the Products and Services marketed by VinFast available and consultable on the Website.

“Showroom” means to all VinFast sales outlet in Indonesia.

“User” means any individual (natural or legal person) accessing or using the website or legal entity on behalf of which such individual is accessing or using the Website, as applicable.

“VinFast” means PT VinFast Automobile Indonesia, a limited liability company established and existing under the laws of the Republic Indonesia.

“Vehicle” means all VinFast branded vehicles displayed on the Website.

“Website” means to the website of VinFast accessible at https://......

“Website Terms and Conditions” or “Terms and Conditions” means this Website Terms and Conditions and its annexes (including but not limited to the contents in the hyperlinks as contained in this Terms and Conditions), which constitutes integral and inseparable parts of the Website Terms and Conditions, as may be amended, supplemented, and/or modified from time to time.

3.    PURPOSE AND DISCLAIMER

3.1.    Purpose of Legal Statement

This document constitutes the Terms and Conditions of the Website. The purpose of this document is to define the Terms and Conditions for consulting all the Elements, Products and Services made available to Users on the Website. It is specified that consultation of the Elements, Products and Services by Users is subject to compliance with these Terms and Conditions and its annexes, which constitutes integral and inseparable part of the Terms and Conditions. In any case, the User is deemed to have accepted the Terms and Conditions as soon as User accesses the Website.

3.2.    Purpose of The Website

The purpose of the Website is to enable the User to:

-    Discover the VinFast brand;
-    Find out about the Products and Services of the entire VinFast brand (price, motorisation, technical characteristics, equipment, dimensions, etc.);
-    Find out about personalised promotional offers;
-    Configure a Vehicle online;
-    Request an estimate price for a Vehicle; 
-    Have the trade-in value which is assessed in accordance with our General Trade-in Conditions; 
-    Locate a VinFast Showroom; 
-    Reserve a Vehicle online based on current offers; 
-    Interact directly with VinFast to ask questions and/or to contact its Customer Relations Department;
-    Connect to their personalised space "My VinFast Account"; and
-    Participate in any commercial events or promotional games of VinFast.

This list is not exhaustive and may be modified at any time and without prior notice by VinFast without it being held responsible.  

3.3.    DISCLAIMER

Please click here for our disclaimer.

4.    DATA PRIVACY

4.1.    Consultation of the Website outside of any connection to the User's personal space is possible without the User having to reveal User identity or any other personal information concerning the User.

4.2.    The protection of your personal data is our priority. We encourage you to read our Privacy Policy.

5.    COOKIES

5.1.    The Website includes a cookie system. Thus, the User is informed that during User visits to the Website, cookies may be automatically installed on User internet browser.

5.2.    Cookies are files sent to the User's hard drive-in order to facilitate navigation on the Website and to establish traffic statistics.

5.3.    These cookies do not contain any personal information.

5.4.    The user can deactivate the sending of cookies by modifying the parameters of User Internet browser and on the tab dedicated to this purpose on the Website at the bottom of the page.

5.5.    For more information on our cookie policy, please click here.

6.    ACCESS AND USER’S ACCOUNT

6.1.    The Website is accessible from the internet at the following address: https://vinfastauto.id.

6.2.    Access to certain Elements of the Website requires the creation of an account by the User, under the conditions and according to the terms provided at the time of the creation of the said account.

6.3.    When a User creates an account on the Website, such User must provide information that is accurate, complete, and current at all times. Any User is responsible for safeguarding the password that is used to access the Website and for any activities or actions under User’s password.

6.4.    User agrees not to disclose password to any third party. Any User must notify VinFast immediately upon becoming aware of any breach of security or unauthorized use of User’s account.

7.    LICENCE

7.1.    VinFast grants User a personal right to use the Website, the content and its Elements, which is non-exclusive, revocable, non-assignable, non-transferable, and free of charge.

7.2.    This licence is granted to the User solely for User own needs, to the exclusion of any commercial or profit-making use of all or part of the Elements.

7.3.    The User does not acquire any other right to the Website or its Elements other than those granted herein.

8.    OBLIGATIONS OF THE USER

8.1.    The User undertakes to use the Website in accordance with the applicable laws and regulations.

8.2.    In particular, the User undertakes to:

-    To be aware of and to comply with the Terms and Conditions;
-    Not to reproduce, even temporarily and/or partially, the Website and its Elements by any means and in any form;
-    Not to access and/or use the software components of the Website;
-    Not to use software or processes intended to copy the Elements of the Website and/or likely to disrupt the proper functioning of the Website;
-    Not to adapt, modify, translate, transcribe, compile, decompile, assemble or disassemble all or part of the Website and its Elements;
-    Not to export the site and/or merge it with other computer programs;
-    Not to carry out any manipulation and/or introduce any virus or malware that could lead to computer and/or functional breakdowns that could affect the functioning of the Website by any means whatsoever; and
-    Not to use the Website to post, download or transmit any content contrary to public morality and order (such as, but not limited to, any content of a racial, political, religious, pornographic or sexual nature).

8.3.    As the User is solely responsible for the use of the Website, User acknowledges that VinFast cannot be held liable in any way for direct or indirect damage, and in particular immaterial damage, loss of data or programmes, or financial damage, resulting from access to or use of the Website, or from the fact, in particular, of the interruption, suspension or modification of the Website or of one of its Elements. Further, the User agrees not to make claims related to direct or indirect damage which might occur to the User because of accessing the Website.  

8.4.    If the User fails to comply with this Terms and Conditions, VinFast reserves the right to automatically block all access to the Website, without prejudice to any legal action that may be taken by VinFast and to any damages that may be claimed from the User.

9.    WEBSITE AVAILABILITY

9.1.    VinFast undertakes to make its best efforts to ensure the security of access, consultation and use of the Website.

9.2.    Notwithstanding the foregoing, VinFast makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

9.3.    The Website is accessible continuously, except in the event of force majeure or the occurrence of an event beyond VinFast's control, and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Website.

10.    HYPERLINKS

All websites linked to the Website (a hypertext link targeting the present the Website or established from it), are not under the control of VinFast. Therefore, VinFast cannot assume any responsibility for the availability of these other websites, their content, advertising, products or services available on or from these other websites. User acknowledges and agrees that VinFast is not responsible for such content or availability of any such websites. Use of such third-party websites shall be at User’s own risk.

11.    INFORMATION ON FINANCING

Examples of financing offers, with or without optional insurance, may be proposed to the User.
Where applicable, the information provided does not constitute a credit offer and is subject to validation conditions.

12.    WARRANTIES

The User undertakes to guarantee VinFast against any action which may be brought against it, or any complaint lodged against it, by a third party, as a result of the use of the Website by the User under conditions which do not comply with these Terms and Conditions. This guarantee covers any sum that VinFast may be required to pay on any grounds whatsoever, including lawyers' fees and legal costs recognised or awarded, as applicable.

13.    INTELLECTUAL PROPERTY RIGHTS

13.1.    The User of the Website is hereby informed that all the Elements are protected by intellectual property rights in terms of copyright, designs and models and trademark law, including but not limited to photographs, articles, designs, animated sequences, Vehicle models, the VinFast logo and trademark and the trademarks of the Vehicle models appearing on the Website (“Intellectual Property Rights”). VinFast retains and reserves all rights in such Intellectual Property Rights. If there is a violation of its Intellectual Property Rights, VinFast has the right to exercise its rights to seek legal remedies.  

13.2.    The Intellectual Property Rights in this Website and the materials on or accessible via it belong to VinFast or its licensors. This Website and the materials on or accessible via it and the Intellectual Property rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of accessing and using this Website).

14.    APPLICABLE LAW - DISPUTE - MEDIATION

14.1.    These Terms and Conditions are subject, governed and construed in all respects in accordance with the laws of the Republic of Indonesia.

14.2.    Any and all disputes, controversies, and conflicts in connection with this Terms and Conditions shall, so far as it is possible, be settled amicably.

14.3.    In the event any dispute(s) arising in connection with this Terms and Conditions are unable to be resolved, then any dispute, controversy or claim, whether contractual or not, arising out of or in connection with this Terms and Conditions (including any question regarding its existence, validity or termination) or the breach termination or invalidity thereof, shall be referred to and finally resolved by arbitration in Indonesian National Arbitration Board (“BANI”) in accordance with the rules of BANI currently in force. The language of the arbitration shall be English. The decision of the arbitration tribunal shall be final and binding on the disputed parties.

15.    MISCELLANEOUS

15.1.    Waiver

The fact that one of the parties does not avail itself of a clause of the present Terms and Conditions shall not be interpreted as a temporary or definitive renunciation of the benefit of the provision in question, which shall remain in force.

15.2.    Invalidity of The Clause

If any one or more of the provisions contained in this Terms and Conditions or any document in connection with this Terms and Conditions shall be declared invalid, illegal, unenforceable or void in any respect under any applicable law, then the validity, legality and enforceability of the remaining provisions of this Terms and Conditions  shall not in any way be affected or impaired, provided that in such case the parties agree to use their best endeavours to achieve the purpose of the invalid provision by a new legally valid stipulation.

15.3.    Force Majeure

VinFast shall be released from any liability arising from any breach of an obligation under these Terms and Conditions, the performance of which is prevented by reason of force majeure, war, fire, flood, explosion, epidemic, pandemic, civil riot, popular movement, import or export regulations or embargoes, strikes, or other industrial or trade disputes, acts of terrorism or governmental action or disruption of public services or any other cause beyond its reasonable control.

15.4.    Assignment

User may not transfer in any way all rights and obligations arising from this Terms and Conditions to any third party.

15.5.    Changes to the Terms and Conditions

VinFast reserves the right to change these Terms and Conditions at any time, to ensure that it is consistent with the applicable laws and regulations. VinFast will notify User of any such amendments to these Terms and Conditions by means of a general notice published on the Website. By continuing to access or use the Website after those revisions become effective, User agrees to be bound by the revised terms. If User do not agree to the new terms, in whole or in part, please stop using the Website.

16.    ACKNOWLEDGEMENT

By entering and using this Website you are fully accepting these Terms and Conditions and their annexes. If you do not accept these Terms and Conditions, you must immediately stop using the Website.