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Public Offer
These Terms of Service / Public Offer (the “Terms”) govern access to and use of the BroCar client application, website, call centre and other ordering channels operated in the Republic of Vanuatu by Hemia Nao Tek Ltd. under the BroCar brand (“BroCar”, “Service”, “we”, “us”).
By placing an Order, creating or using an account, or otherwise accepting these Terms electronically, the Client enters into an agreement with BroCar on these Terms. If the Client does not agree, the Client must not use the Service.
The Client should also read the Client Privacy Policy and any service-specific conditions or prices displayed before an Order is confirmed.
1. DEFINITIONS
Application: the BroCar mobile application and related client-facing ordering interfaces.
Client: a person who uses BroCar to request a Partner Service, whether for the Client or another person for whom the Client is lawfully authorised to place the Order.
Partner: an independent individual or legal entity that chooses to accept an Order and independently provides the requested Partner Service.
Order: a request for a Partner Service submitted through BroCar and made available to eligible Partners.
Partner Service: the passenger transportation, delivery or other service provided directly by the Partner to the Client.
Personal Account: where enabled, a technical account used to record Client prepayments, credits, refunds or transactions.
Service: BroCar’s information and technology functionality for receiving and processing Orders, making them available to Partners, enabling communication, facilitating certain payments and informing the Client about Order status.
2. ROLE OF BROCAR
2.1. BroCar is an information and technology intermediary. BroCar is not the carrier, taxi operator, courier or delivery provider that performs the Partner Service, unless BroCar expressly identifies itself as the direct provider of a specific product or service.
2.2. Partners are independent service providers. BroCar makes Orders available to eligible Partners but does not guarantee that a Partner will accept a particular Order, arrive at a particular time or complete an Order where performance becomes unsafe, unlawful or impossible.
2.3. When a Partner accepts an Order, the contract for the Partner Service is formed directly between the Client and that Partner. BroCar is not a party to that contract except for limited functions expressly stated in these Terms, such as technical payment collection, support, safety and dispute facilitation.
2.4. BroCar may use third-party technology, mapping, telecommunications, hosting and payment services to provide the Service.
3. PLACING ORDERS
3.1. The Client must provide accurate information reasonably necessary for an Order, including a valid communication method, pick-up or service address, destination where applicable, service category and any instructions relevant to safe and lawful performance.
3.2. The Client may place an Order for another person only if the Client is authorised to provide the necessary contact and service information and has informed that person as reasonably required by law.
3.3. Where pre-order functionality is available, the Client may request a future pick-up or service time. A pre-order is still subject to Partner availability, traffic, weather and other circumstances, and BroCar does not guarantee that a Partner will be available at the requested time.
3.4. BroCar may refuse to process or may cancel an Order where information is materially false, the requested activity is unlawful or unsafe, the Service is unavailable, or another legitimate safety, fraud or legal-compliance reason applies.
4. PRICE, ARRIVAL AND ORDER CHANGES
4.1. The Application may display an estimated or proposed price before confirmation. The price is calculated using applicable tariff parameters, service category, distance or route, time and other Order characteristics. A Partner accepts the proposed price by accepting the Order.
4.2. The final amount may be recalculated where the Client changes the route, destination, waiting time or scope of the Partner Service, requests an additional service, incurs a toll or other charge, or where another clearly disclosed pricing condition applies.
4.3. Any cancellation, waiting, no-show or other charge may apply only where it is disclosed in advance in the Application or otherwise permitted by law. Where a charge is disputed, the Client may contact BroCar support.
4.4. Estimated arrival, route and travel-time information is informational. Traffic, weather, road restrictions, location accuracy and other factors may affect actual arrival or travel time.
4.5. BroCar will provide available information reasonably necessary to identify the Partner and vehicle and any information required by applicable law, such as the Partner’s name or profile name, vehicle make/model/colour and registration plate.
5. CLIENT RIGHTS AND OBLIGATIONS
5.1. The Client may
• place Orders using available BroCar functionality and receive available Order-status information;
• cancel an Order using available functionality, subject to any lawfully disclosed charge;
• contact BroCar support concerning the Service, a Partner, a payment, lost property, safety or a complaint;
• exercise rights concerning personal data under the Client Privacy Policy and applicable law.
5.2. The Client must
• use BroCar only for lawful purposes and provide accurate Order information;
• behave respectfully and not threaten, harass, endanger or unlawfully discriminate against a Partner, BroCar personnel or another person;
• not intentionally damage or materially soil a Partner’s vehicle or property;
• use seat belts and any child restraint required by law and comply with lawful safety instructions;
• not request transport or delivery of prohibited persons, goods or activities;
• protect account credentials and authentication codes and promptly notify BroCar of suspected unauthorised access;
• not reverse engineer, interfere with, bypass security, scrape, misuse or attempt unauthorised access to the Application, another account or the BroCar platform;
• pay the Partner for the Partner Service and pay any clearly disclosed booking, cancellation, waiting, toll, additional-service or other lawful charge.
6. RESPONSIBILITIES OF BROCAR
6.1. BroCar will use reasonable efforts to receive and process Orders, make them available to eligible Partners and provide Order-status information available through the platform.
6.2. BroCar will use reasonable efforts to maintain the Application and protect account and Order information from unauthorised access, subject to maintenance, third-party systems and circumstances outside BroCar’s reasonable control.
6.3. BroCar may record calls made to or through BroCar support for quality, training, safety and dispute-resolution purposes where permitted by law and as described in the Client Privacy Policy.
6.4. BroCar may send operational notifications concerning an Order, account, safety, support or material Service changes. Such operational messages are not marketing.
7. PAYMENTS AND SETTLEMENT BETWEEN CLIENT AND PARTNER
7.1. Access to BroCar for placing an Order is free unless a separate booking or platform fee is clearly displayed to the Client before the Order is confirmed.
7.2. The fare or other price for the Partner Service is payable by the Client to the Partner. Available payment methods are shown in the Application and may include cash and non-cash methods where technically enabled.
7.3. Where BroCar receives a non-cash payment on behalf of a Partner, BroCar acts as a limited collection agent for that payment. This does not make BroCar the provider of the Partner Service.
7.4. Payment-card processing may be provided by independent acquiring banks or payment service providers. Where card credentials are entered on a secure page controlled by a payment provider, the provider processes the card credentials and BroCar receives only transaction information necessary to confirm, reserve, reconcile, refund or otherwise administer the payment. BroCar does not store card security codes (CVV).
7.5. A payment provider may temporarily reserve an amount on a card when an Order is placed. If an Order is cancelled or not performed, any amount not lawfully due will be released or refunded through the relevant payment method, subject to payment-provider processing times and any lawfully applicable charge.
7.6. Promotional discounts, credits or subsidised Orders may be subject to separate conditions shown in the Application. Such benefits may be limited by time, geography, eligibility or available budget.
8. DELIVERY SERVICES
8.1. If delivery is available, the Client must provide accurate sender, recipient, address and item information and must have lawful authority to provide the recipient’s contact details.
8.2. The Client must not request delivery of items that are illegal, dangerous, explosive, highly flammable, radioactive, weapon-related, controlled substances, human remains, stolen or counterfeit property, or otherwise prohibited by Vanuatu law or clearly stated service rules.
8.3. The Client must package and describe delivery items appropriately for the selected service and inform the Partner of precautions reasonably necessary because of the nature of the item.
8.4. The Partner may refuse an item where there are reasonable grounds to believe it is unsafe, prohibited, materially different from its description or unsuitable for the selected service. Any inspection must be conducted only to the extent lawful and reasonably necessary for safety or compliance.
8.5. The Client remains responsible for the accuracy of recipient information and for obtaining any consent or authority needed to provide third-party personal data for the delivery.
9. COMPLAINTS, SAFETY AND LOST PROPERTY
9.1. The Client may report a problem through BroCar support. BroCar may review relevant Order records, communications, location, payment information and other data reasonably necessary to facilitate resolution, investigate safety or fraud, or comply with law.
9.2. The Partner remains primarily responsible for the Partner Service. BroCar may facilitate communication or provide support but does not automatically assume the Partner’s liability merely by investigating a complaint.
9.3. For lost property, BroCar may facilitate communication between the Client and Partner and may disclose or relay a contact method where reasonably necessary and lawful. BroCar is not a custodian of property left in a Partner’s vehicle.
9.4. The Client should use emergency services or law-enforcement channels where an immediate threat, crime or emergency requires official intervention; BroCar support is not a substitute for emergency services.
10. PRIVACY AND PERSONAL DATA
10.1. BroCar processes Client personal data in accordance with the Client Privacy Policy for Vanuatu and the Data Protection and Privacy Act No. 13 of 2024.
10.2. The Client Privacy Policy is available on the BroCar legal portal: https://legal.bro-car.com/
10.3. BroCar shares with a Partner only information reasonably necessary to offer or perform an Order, communicate, protect safety, process a payment or resolve a dispute, subject to the Client Privacy Policy and applicable law.
11. SERVICE AVAILABILITY, MAPS AND THIRD-PARTY SERVICES
11.1. BroCar may rely on third-party maps, telecommunications, payment systems, hosting, analytics and technology infrastructure. BroCar will use reasonable efforts to maintain the Service but does not guarantee uninterrupted availability.
11.2. Maps, routes and geolocation may be approximate. They do not establish legal boundaries or governmental positions and should not be relied on where an official map, cadastral record or legal determination is required.
11.3. Links or integrations with third-party services may be subject to separate third-party terms and privacy notices where the Client directly uses those services.
12. INTELLECTUAL PROPERTY AND ACCEPTABLE USE
12.1. Rights in the BroCar brand, Application, software, databases, designs and content belong to BroCar, its licensors or other rightsholders. The Client receives only a personal, limited, non-transferable right to use the Application for lawful access to the Service.
12.2. The Client must not copy, resell, sublicense, decompile, reverse engineer, circumvent security, scrape, automate abusive access to or otherwise exploit the Application except where expressly permitted by BroCar or mandatory law.
13. LIABILITY
13.1. The Partner is independently responsible for performing the Partner Service. BroCar is not liable for a Partner’s acts or omissions solely because the Partner uses BroCar.
13.2. Nothing in these Terms excludes or limits any liability or Client right that cannot be excluded under applicable Vanuatu law, including any applicable rights under the Price Monitoring and Consumer Affairs Act No. 5 of 2023 or other mandatory consumer-protection rules.
13.3. To the maximum extent permitted by law, BroCar is not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by a Client, Partner, third party, failure of third-party systems or events beyond BroCar’s reasonable control.
13.4. The Client is responsible for loss caused by the Client’s unlawful or fraudulent use of the Service, subject to applicable law and ordinary requirements of causation and proof.
14. FORCE MAJEURE
BroCar is not responsible for delay or unavailability caused by events beyond its reasonable control, such as cyclone, earthquake, flood, epidemic, war, civil disorder, government action or widespread telecommunications or infrastructure failure, provided BroCar uses reasonable efforts to restore affected Service functionality when practicable.
15. SUSPENSION, TERMINATION AND ACCOUNT CLOSURE
15.1. BroCar may suspend or close a Client account where reasonably necessary for fraud prevention, safety, unlawful use, repeated material breach of these Terms, misuse of payment instruments, abusive conduct, platform security or compliance with a binding legal requirement.
15.2. Where appropriate, BroCar may request further information, verification or corrective action before restoring access.
15.3. The Client may stop using the Service and request account deletion or closure subject to the Client Privacy Policy, unresolved Orders, payments, disputes and lawful record-retention requirements.
16. CHANGES TO THESE TERMS
16.1. BroCar may update these Terms by publishing a new version on the legal website. BroCar may also use in-app announcements, push notifications, e-mail or another available channel to draw attention to material changes, but delivery or reading of such messages cannot be guaranteed.
16.2. Unless a different date is required by law or stated in the published notice, changes take effect seven (7) calendar days after publication. Continued use after that date constitutes acceptance to the extent permitted by law. Where applicable law requires a specific form of notice or separate consent, BroCar will comply with that requirement.
17. GOVERNING LAW, DISPUTES AND MISCELLANEOUS
17.1. These Terms are governed by the laws of the Republic of Vanuatu.
17.2. The Client should first contact BroCar support so the parties can attempt to resolve a dispute amicably. BroCar will use reasonable efforts to respond to a formal written complaint within seven (7) business days where reasonably practicable.
17.3. If a dispute cannot be resolved, it may be submitted to the competent courts or authorities of the Republic of Vanuatu, subject to any mandatory procedure provided by law.
17.4. If any provision of these Terms is invalid or unenforceable, it is ineffective only to the necessary extent and the remaining provisions continue to apply.
17.5. Failure by BroCar to enforce a provision on one occasion does not waive the right to enforce it later.
CONTACTS
Service operator in Vanuatu: Hemia Nao Tek Ltd.
E-mail: vanuatu@brocar.com
Official website: https://bro-car.com/
Legal information: https://legal.bro-car.com/
The original version of these Terms is written in English. If a translated version conflicts with the English version, the English version prevails to the extent permitted by applicable law.