Terms and Conditions of Member Benefits

U.S. VINFAST COMMUNITY PROGRAM TERMS AND CONDITIONS

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR PARTICIPATION IN THE U.S. VINFAST COMMUNITY PROGRAM.

The U.S. VinFast Community program (the “Program”) is provided by VinFast Auto, LLC (“VinFast”). VinFast is solely responsible for these Program Terms and Conditions (the “Terms”), which contain important information about your rights and obligations in the Program. By participating in the Program you agree to be bound by these Terms.

1. General Information; Definitions; Changes

• • Participation in the Program and its benefits are offered at the sole discretion of VinFast. These Terms apply to all aspects of the Program, including but not limited to your Program membership, earning Program points, all other Program benefits, and all disputes between you and VinFast. Additional restrictions may apply.
  • As further described in Section 16 below, VINFAST MAY AT ANY TIME CHANGE ANY AND ALL ASPECTS OF THE PROGRAM AND THESE TERMS, OR OTHERWISE END THE PROGRAM. VinFast may modify, add or delete any of these Terms and any Program benefits or rewards, in whole or in part, at any time, even though such changes may affect the value or amount of Program Points you may have accrued and/or the time for redemption.
  • In these Terms, “you”, and “your” mean the Account holder. “Account” means your U.S. VinFast Community account. “We”, “our”, “ours”, and “us” mean VinFast. “Point(s)” means the credit you accrue or earn, as detailed in Section 3 below.
  • The Program is intended for personal use only and commercial use is prohibited. Your Account and membership are personal to you. You may not transfer your Account or membership in the Program, or any benefit of any kind.

2. Eligibility

Membership in the Program is only open to natural persons who are legal residents of the 50 United States and District of Columbia who are at least 18 years old and who complete the U.S. VinFast Community registration.

3. Earning Points and Rewards

• • The Program allows you to earn Program Points and rewards as outlined HERE.
  • We reserve the right to verify and adjust the Points scale at any time prior to or following posting or redemption.
  • Points are not transferable and may not be combined or conveyed by any means to anyone.

4. Redeeming Points

• • Redeemed Points will be deducted from Points earned.
  • Points are valid until December 31st of the year following the year they were earned. For example, Points accrued from January 1, 2023 through December 31, 2023 will be valid until December 31, 2024. Upon expiration, Points lose all value and may no longer be used.
  • Points will not be re-issued after use.
  • Points have no cash value.

5. Special Offers

• • Special offers for Point accumulation or redemption may be available to you from time to time at VinFast’s discretion. Terms and conditions of those special offers will be outlined in the offer details. Please check those terms and conditions carefully, as there may be important conditions or limitations.
  • Special offers are single-use only, unless otherwise stated, and are subject to change without notice.

6. Communications

• • We may email you regarding any matter related to the Program or send you marketing emails regarding VinFast offers and the latest VinFast arrivals. You may opt out of marketing email materials by simply following the unsubscribe link provided in each marketing email.
  • However, if your Account remains active, you will continue to receive relationship/operational emails primarily related to the Program unless your Account is cancelled or otherwise terminated.
  • E-receipts are neither marketing nor emails related to the Program, but merely confirmations of purchases.
  • Depending on your preferences, we may send push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
  • VinFast is not responsible for any lost, stolen, expired, damaged, or otherwise misdirected communications due to change of address, email address or for any other reason. You are solely responsible for updating any changes to your contact and Account information.
  • We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.

7. Program Activity; Customer Service

• • You can view your Points balance in your Account on the Program Website (the “Website”). For any questions regarding the Program, please visit the Program FAQs page.
  • In the event you believe that certain activity should have resulted in the addition of Points to your balance, and those Points are not reflected in your balance within seventy-two (72) hours of such activity, please contact the VinFast Contact Center at 1-833-846-8255.
  • We reserve the right to make the final decision on whether any purchase qualifies for Points and the amount of Points earned for any activity.

8. Waivers

We can delay enforcing our rights under these Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers by VinFast must be in writing.

9. Privacy; Terms of Use

All information you provide to VinFast will be handled in accordance with the VinFast Privacy Policy.

By participating in the Program through the Website, you agree to the Terms of Use which govern your use of the Program. In the event that the Privacy Policy or Terms of Use conflict with these Terms, these Terms will control.

10. Intellectual Property

All title and intellectual property rights in and to any content that is accessed, viewed, or downloaded from our Website remains the sole and exclusive property of VinFast or its licensor, and use of such content is subject to the restrictions imposed by these Terms as well as applicable copyright and other intellectual property laws and treaties. Such content may not be used in a manner that exceeds the specific rights granted and individuals are strictly prohibited from copying, modifying, selling, re-licensing or distributing such content. You agree that you will not circumvent, or attempt to circumvent, any technology or methods used by VinFast or its licensors to prevent the unauthorized reproduction or distribution of content accessible via the Program.

11. Taxes

You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Points or other Program rewards. Consult your tax advisor concerning any tax consequences that may arise from your participation in the Program. All sales tax arising out of the accrual or use of Points or other Program rewards will be calculated on the gross price of the applicable reward.

12. Severability

If a court of competent jurisdiction or any government agency determines that any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect.

13. Fraud

Fraud or abuse relating to the Account registration process, providing of personal information, or earning or redemption of Points is a violation of these Terms. You are solely responsible for any fraudulent use that may occur due to the theft of or sharing of your Account password or your device. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. The Program is a service provided to an individual participant, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate in the Program for anything other than individual use. ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. VINFAST RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY, TO TAKE ANY OF THE ACTIONS SET FORTH HEREIN IF YOU ENGAGE IN FRAUDULENT ACTIVITY OR OTHERWISE USE THIS PROGRAM OTHER THAN IN ACCORDANCE WITH THESE TERMS AND APPLICABLE LAW, AND TO SEEK DAMAGES FROM ANY PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnity.

In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your use of the Program and your activities in connection with the Program; (ii) your breach or anticipatory breach of these Terms (as updated from time to time); (iii) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program or your activities in connection with the Website and/or the Program; (iv) any misrepresentation made by you; and (v) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of VinFast.

15. Limitation of Liability

IN NO EVENT WILL VINFAST BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN ANY CASE, OUR AND OUR AFFILIATES’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO $100 PER OCCURRENCE.

16. Miscellaneous

• • Your relationship with VinFast is that of a participant in this Program, and nothing in these Terms or the Program are to be interpreted as establishing any other relationship. You may not represent yourself as an employee or agent of VinFast, and you have no authority to represent or bind VinFast or its affiliates in any way.
  • Limited Time to File Claims. If you want to assert a dispute against VinFast, then you must commence it within two (2) years from the date of the activity that first gave rise to the dispute, or it will be forever barred.
  • Governing Law. These Terms will be governed in accordance with the laws of the State of California, without reference to its conflicts of laws principles and you consent to the jurisdiction of courts, both state or federal, in California, with respect to any dispute under this Agreement.
  • Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.
  • Updates to Terms. These Terms, in the form posted at the time of your use of the Program, shall govern such use (including transactions entered during such use). AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO YOUR ACCOUNT OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT, INCLUDING, BUT NOT LIMITED TO, VIA EMAIL), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted Terms each time you use the Program. The revised Terms will be effective as of the time that we post them, or such later date as may be specified in them or in other notice to you. You should frequently check the Website and the email associated with your Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new or revised Terms by discontinuing use of the Program. VinFast will provide thirty (30) days’ notice prior to termination of the Program.
  • Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, VinFast and our parent companies, affiliated entities and each of their respective subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
    • (a) the Program and the Website that makes the Program available;
      (b) the functions, features, or any other elements on, or made accessible through, the Program or the Website;
      (c) any products, services, or instructions offered or referenced at or linked through the Program or the Website;
      (d) security associated with the transmission of any content you transmit via the Program or the Website;
      (e) whether the Website or the servers that make the Website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
      (f) whether the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, or reliable;
      (g) whether any defects to or errors on the Website will be repaired or corrected;
      (h) whether your access to the Website will be uninterrupted;
      (i) whether the Website will be available at any particular time or location; and
      (j) whether your use of the Program or Website is lawful in any particular jurisdiction.
    • EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, THE PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
  • This section survives the termination of the Program.

17. Prior Terms

These Terms contain the entire understanding between you and VinFast regarding the Program. These Terms supersede all previously published Terms in their entirety as of the date noted below, and shall apply to any pending or future dispute between You and VinFast to the fullest extent permitted by applicable law.

Effective Date: January 17, 2023