- You have a 14 day cooling off period, from the date of placing your
order. You will have 14 days to return the Goods to us from the date you notify us. If the Goods
provided were Brand New, you must return the Goods to us in their original, unopened packaging otherwise
you may incur a fee.
- The subscription of the Goods will continue after the Minimum
Subscription Period unless and until this Agreement is terminated in accordance with Clause 14 (Default,
Termination and Other Things We May Do) or Clause 15 (Cancellation, Cooling Off Period and Early
- We may charge a late payment fee of up to $19 if
any payment due under this Agreement is not made on time. Missing payments could have
severe consequences and may make obtaining credit more difficult.
- When returned to us, the Goods must be in good condition. If they
are not, a charge will be payable. See Clause 10 (Return of the Goods).
- If we terminate this Agreement under Clause 14 (Default, Termination
and Other Things We May Do) or you terminate it after the expiry of the 14 day cooling off period under
Clause 15 (Cancellation, Cooling Off Period and Early Cancellation Charge) you must pay us the
Early Termination Charge or Early Cancellation Charge calculated in accordance with those clauses
- If the Goods are lost or stolen we may charge you a Non-Return Fee
as calculated in Clause 10 (Return of the Goods). The Goods remain our property and you shall not
become the owner.
- We may charge you for all reasonable costs and expenses incurred by
us as a result of you breaching this Agreement, in enforcing any term of this Agreement, or in carrying
out administrative work at your request. See Clause 4 (Subscription Payments).
Terms last updated: 21 August 2023
- Definition and Interpretation
- In these Terms and Conditions, the following
words and expressions shall have the following meanings:
- “Activation Date” means the date
that the Goods are delivered to you and the Subscription Period commences.
- “Agreement” means the lease
agreement between us and you and includes these Terms and Conditions and other documents associated with
the Goods you hire under the Subscription Service.
- “Early Cancellation Charge” means
the charge you may have to pay if you end all or part of your hire during the term of this Agreement as
described in Clause 15 (Cancellation, Cooling Off Period and Early Cancellation Charge).
- “Early Termination Charge” means the
charge you may have to pay if we end all or part of your hire during the term of this Agreement, as
described in Clause 14 ( Default, termination and other things we may do).
- “Electronic Signature” means a signature you
use on an electronic document such as the Agreement and is intended to be your signature.
- “Establishment Fee”
means the charge you may pay in the first month for setting up the
- “Goods” means the goods meeting the
specification set out in your order confirmation, renewal or substitution of that we may agree with
- “Late Payment Fee” means the charge
you may have to pay if you do not make a payment due under this Agreement on time.
- "Minimum Subscription Period" means the minimum
period for which you must subscribe for the Goods, as specified in Clause 3 (Subscription
- “Non-Return Fee” means the charge you may pay for not returning the device. Calculation is in Clause 10
(Return of Goods).
- “Subscription Payment” means the
monthly payment set out on the first page of this Agreement.
- “Subscription Period” means the entire duration
for which you have agreed to subscribe to the Goods.
- “Subscription Service” means the lease for the Goods we are providing to you for a monthly Subscription Payment.
- Terms and Conditions" means the terms and
conditions in this document which you agree to abide by when you hire the Goods under the Subscription
- “We”, “us”,
“our” means Circular Now (Australia) Pty Ltd (ACN 657630094).
- “You”, “your”,
“yours” means the person hiring the Goods for the Subscription Period under the Subscription
Service and in accordance with these Terms and Conditions.
- The words and expressions used in Terms and
Conditions, which are not defined shall be read and interpreted according to its plain and ordinary
meaning unless the context otherwise requires.
- The headings or titles to the clauses in these
Terms and Conditions are to facilitate reference and shall not be referred to or relied upon in the
construction of any provision in these Terms and Conditions.
- Credit and Other Checks
- You authorise us to conduct checks, validations
and risk assessments through third parties and allow us to make the inquiries necessary to:
- verify your identity and opine that the
information you provided is accurate, complete and not misleading or deceptive;
- assess whether the Subscription Payment will be unsuitable
for you under the Subscription Service;
- take action to ensure compliance with any
applicable laws or regulatory requirements.
- You further agree and authorise us to share
such information with the authorised third parties, affiliates, or any of our service partners as
may be relevant and/or necessary for the provision of the Subscription Services.
- Subscription Period
- Unless terminated in accordance with Clause 14 (Default,
Termination and Other Things We May Do) or Clause 15 (Cancellation, Cooling Off Period and Early
Cancellation Charge) we agree to lease, and you agree to hire the Goods for a Minimum Subscription
Period as set out in the key terms and
calculated from the Activation Date.
- At the end of the Minimum Subscription Period
you must return the Goods to us (at which point this Agreement will terminate), or, if you do not, we
will continue to charge you the Subscription Payment on a monthly basis until the Goods are
- Subscription Payments
- You agree to pay to us, without previous demand,
the Subscription Payments, being the amount set out in the key terms; and any other sums due from you at
the times shown for the duration of the Minimum Subscription Period and thereafter until the Agreement
has been terminated in accordance with Clause 14 (Default, Termination and Other Things We May Do) or
Clause 15 (Cancellation, Cooling Off Period and Early Cancellation Charge).
- The Subscription Payments will continue to be due
notwithstanding any temporary unavailability of the Goods (for example, where they are being
- We may charge you an Establishment
Fee at the start of your Agreement, as set out in the key terms.
- You must pay Subscription Payments to us via credit card,
debit card, direct debit from your bank, or other means we may specify.
- Punctual payment by you is an essential term of
- If GST is payable on any other sums due by you
under this Agreement, you will pay that GST at the applicable rate. If the rate of GST changes,
corresponding changes in the amounts payable will be made.
- We may request you to provide credit or debit
card details. In providing these you irrevocably authorise us to charge to such
card any amounts due under this Agreement.
- You shall agree to indemnify us for:
- all reasonable costs and expenses incurred by us
(both before and after judgment) as a result of you breaching this Agreement and/or in our enforcing any
term of this Agreement;
- all reasonable costs and expenses incurred by us
for any administrative work carried out by us at your request in connection with this Agreement. We
shall tell you the amount that we are going to charge for such administrative work before we carry out
the work, and obtain your consent to us carrying out the work before the fee is incurred.
- We may charge a deposit as
part of this Agreement.
- Any deposit will be refunded at the end of a
subscription and once the Goods have been returned as set out in Clause 10 (Return of Goods).
- Any deposit may be forfeit to cover outstanding
Subscription Payments or other Fees and Charges set out in these
Terms and Conditions.
- Late Payment
- We may apply a late payment fee of up to $19
every time that a Subscription Payment is not made under the Agreement by its due date.
- In the event that we do not receive your Subscription
Payment by the due date, we shall be entitled to employ outside debt collection agency or institution to
collect from you any or all outstanding monies due, including the sum of all overdue Subscription
Payments and any potential Early Termination Charges or Non-Return Fees.
And for so doing, you fully indemnify us for all costs and expenses we reasonably incur by
employing such outside debt collection agency or institution or its nominated agent and all legal fees
and disbursements associated in the recovery thereof, if any.
- We will use reasonable endeavours to deliver the
Goods to you on the date specified when you placed your order.
- If delivery of the Goods is delayed by an event
outside our control, we will contact you as soon as possible to let you know and take the appropriate
steps to minimise the effect of the delay where possible. Provided we do this, we will not be liable for
delays caused by the event, but you may contact us to end this Agreement if the delay is longer than 30
days from the date specified when you placed your order.
- Consent to receive and sign information electronically
- You consent to receive information electronically and sign
the Agreement using an Electronic Signature.
- Your obligations
- You must:
- use the Goods in accordance with the
- take care of the Goods during the Subscription
Service and keep them in good working condition. You are responsible for any loss or damage.
- return (or allow us to collect) the Goods when
reasonably requested to do so in accordance with this Agreement (for example upon the termination or
cancellation or expiry of this Agreement, or where a repair or replacement of the Goods is requested);
- immediately notify us if the Goods have been lost or stolen
or significantly damaged.
- You must not:
- sell, trade-in, sub-loan, part with, pledge,
pawn or otherwise dispose of the Goods (or attempt to do so), nor permit them to be seized by any third
party, or allow third party rights to be created over them; or
- make any modifications or alterations to the
Goods or attempt to alter or replace any installed operating software of the Goods (other than by
applying manufacturer supplied software updates).
- You may temporarily remove the Goods from
Australia, provided that the Goods are returned to Australia. If we ask you, you must tell us where the
Goods are, within 7 working days of our written request.
- The Agreement will commence when both you and us have used
an Electronic Signature. It will continue for the Minimum Subscription
Period from the Activation Date, subject to termination or cancellation pursuant to clauses 14 (
Default, termination and other things we may do) and 15 (Cancellation, Cooling Off Period and Early
Cancellation Charge) and your statutory rights.
- At the end of the Subscription Service you must return the
Goods to us (at which point this Agreement will terminate), or, if you do not, we will continue to
charge you the Subscription Payment on a rolling monthly basis until the Goods are returned.
- Once the Subscription Period has ended, this
Agreement continues in force on the same Terms and Conditions as a periodic Agreement unless it is
terminated in under Clause 14 (Default, termination and other things we may do) or Clause 15
(Cancellation, Cooling Off Period and Early Cancellation Charge) of the Terms and Conditions.
- Return of the Goods
- If you cancel this Agreement within the cooling
off period of 14 days after placing your order in accordance with Clause 15 (Cancellation, Cooling Off
Period and Early Cancellation Charge) you must return the Goods to us within 14 days from the point of
cancellation. Please see Clause 15 (Cancellation, Cooling Off Period and Early Cancellation Charge)
below for further information on the return of the Goods in these circumstances.
- You must return the Goods to us within 14 days
of the end of this Agreement, including if you or we terminate the Agreement under Clause 14 (Default,
Termination and Other Things We May Do) or if you terminate it after the expiry of the 14 day
cancellation period but before the end of the minimum period of hire under Clause 15 (Cancellation,
Cooling Off Period and Early Cancellation Charge). If you fail to return the Goods within such 14 day
period, then you may be charged a full Subscription Payment for each month (or part month) which elapses
until either the Goods are actually returned to us, or we charge a fee as compensation for you failing
to return the Goods to us as provided for below.
- Instructions on how to prepare the Goods for
return will be provided to you.
- Before returning the Goods, where applicable, you must
ensure that all data stored on the Goods has been erased, that you have logged out of any personal
accounts (e.g. iCloud account), that the Goods have been reset to factory settings, and that any
security features (including any password, passcode, pattern, biometric security or remote protection
features eg ‘find my iPhone’) are disabled. Failure to do so will result in additional
charges to compensate us.
- If when the Goods are due to be returned you cannot do so
as they have been lost, stolen or damaged beyond repair, then we may agree with you
that you may substitute and return other goods of the same model and specification in their place. To be
able to agree to the substitution, we require confirmation of the unique identifier of the new goods
(the IMEI if the Goods have an IMEI, or otherwise the serial number) from you, and by providing the
unique identifier you will be transferring legal title to us.
- If you return the Goods to us at the end of or upon
termination or cancellation of this Agreement in a damaged condition, you
agree to compensate us for the value of the Goods in line with the Repair Charges set out
on our website within 7 days of our written request.
- We may charge you a Non-Return Fee
as compensation if you fail to return the Goods to us. The Non-Return Fee is as
calculated by the Goods Recommended Retail Price (as determined by us) minus 50% of the value
of the Subscription Payments over the Subscription Period.
- Charging you or invoicing you a Non-Return Fee
does not constitute sale of the Goods to you. For the avoidance of doubt the Goods remain our
- Failure to return the Goods may result in legal
steps being taken against you to recover the Goods or compensate us for the loss of (or damage to) the
Goods. These steps may include:
- Reporting to third party credit reference
agencies which could adversely affect your credit records, which may make it more difficult or more
expensive to obtain credit in the future, and/ or
- Taking legal action through State Courts and the
appointment of representatives to collect any sums awarded to us.
- Device Ownership and Warranty Coverage
- The Goods remain our asset throughout the
Subscription Period. You have no right, title or interest in the Goods except as expressly set forth in
- We will register the IMEI or serial number of the Goods
with loss and theft databases. This means that we will be alerted if someone attempts to sell the Goods.
In the event the Goods are reported lost or stolen, or go missing, we will make appropriate
notifications of the IMEI or serial number to prevent use or resale.
- The Goods are covered by a warranty for the
Subscription Period which begins from the Activation Date, as against defects in quality and materials
under normal, non-commercial use.
- Unless otherwise specified, the warranty only
covers defects in material, design and workmanship of the hardware components of the Goods as originally
supplied. The warranty does not cover any software, consumable items, or accessories even if packaged or
sold together with the Goods.
- We do not guarantee or make assurances on
uninterrupted or error-free operation of the Goods. Product performance is affected by system
configuration, software, applications, and your data and operator control of the system, among other
factors. While the Goods are compatible with many systems, it is your responsibility to determine the
compatibility and integration of the Goods with other systems.
- In the event of sending in the Goods for a
warranty claim, we reserve the right to replace the Goods that you originally subscribed to with the
same or similar device or to repair the device that is sent in for repairs and then return it to
- The Goods are not transferable at any time
during the Subscription Period.
- The Goods cannot be sold, transferred, or
redeemed in cash under any circumstances. An audit check will be conducted periodically via email and/or
Whatsapp, and failure to provide evidence of its existence will be considered a breach of this
- Insurance cover for loss, theft, damage
- The warranty cover under Clause 11 (Device
Ownership and Warranty Coverage) does not cover loss, theft, damage against the Goods.
- We recommend that you hold an appropriate policy
of insurance that covers loss, theft and damage to the Goods for the Subscription Period and until you
return the Goods to us. The insurance policy should cover the replacement value of the Goods.
- You are responsible for costs related to loss,
theft, damage of the Goods for the Subscription Period and until you return the Goods to us.
- If you are experiencing difficulties in paying
the Subscription Payments under this Agreement, you should notify us immediately. We will collect
relevant information from you in relation to your hardship which you must provide us.
- If you are experiencing hardship we may agree
- extend the Subscription Period;
- reduce the Subscription Payments;
- postpone or forego Subscription Payments;
- request the device to be returned.
- If we amend the terms of this Agreement, we
will issue you with notice setting out the change to the Agreement. We do not have to agree to a
variation of the Agreement on the ground of hardship. We must not amend the Agreement unless we consider
that the variation will assist you in meeting your obligations under the Agreement.
- Default, Termination and Other Things We May
- We have the right to terminate this Agreement if
any of the events specified below occur:
- We reasonably believe that the Goods have been
used in a way which is not allowed under this Agreement (although for breaches that you can put right,
we may first give you an opportunity to do so within 14 days);
- You have provided unauthorised payment or other
details or we have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised
- You or anyone you authorise to deal with your
account acts in a way towards our staff or agents which we reasonably consider to be inappropriate and
sufficiently serious to justify restricting or ending your right to hire the Goods;
- If an event of default occurs and you are unable
to remedy the default within 30 days of receiving a notice;
- You break any of the conditions of this Agreement, other
than breaches that are trivial in nature (although for breaches that you can put right we may first give
you an opportunity to do so within 14 days). For serious breaches we will normally exercise
this right immediately;
- You have provided us with information that is
false or misleading in a material respect;
- Any judgment is obtained against you and remains
unsatisfied for more than 7 days or any distress or execution is levied against your property;
- You die;
- You cease to be a resident of Australia;
- We ask you to provide us with the location of the
Goods or provide proof that the Goods are in your possession and you do not do so;
- You no longer have possession of the
- We reasonably believe that there is a credible
risk that the Goods will not be returned to us at the end of, or upon termination of the Agreement when
or in the state they should be returned.
- If any of the events specified above apply and
we terminate the Agreement you will no longer be in possession of the Goods with our consent. We may
- Demand the return of the Goods:
- If you do not return the Goods to us, you will remain
liable for the Subscription Payments until the Goods are returned. We may need to gain access to your
premises by seeking a court order to repossess the Goods. If this happens, enforcement costs will be
added to the outstanding amount owed under this Agreement.
- If we commence an enforcement process against you, you may
ask us to postpone the enforcement due to hardship or other reason under Clause 13 (Hardship). You must
provide us with all the relevant information to enable us to consider the request. We will consider the
request and respond to you within 21 days of your request. We do not have to comply with a request for
- If we agree to postpone the enforcement and or enter into a
different Subscription Payment, we will issue you with a notice of variation of the Agreement.
- Prevent the use or resale of the Goods (by
making a notification of the IMEI or serial number of the Goods);
- Where the Goods have not yet been delivered,
withhold or withdraw such delivery.
- Recover from you the sum, calculated as at the
date of termination, equal to the aggregate of:
- Any sums due under this Agreement that are in
- Any other sum due to us under the Agreement at termination;
- An Early Termination Charge to compensate us for the early
termination of this Agreement. The Early Termination Charge will be calculated as the balance of
Subscription Payments that would be payable up to the end of the Minimum Subscription Period; and
- A Non-Return Fee as set out in Clause 10 (Return of
- If any of the events specified above apply, we
may also exercise our right to prevent the use or resale of the Goods (by making notification of the
IMEI or serial number of the Goods) without first terminating the Agreement, as long as we reasonably
believe that this is necessary to prevent the potential loss, sale, destruction of, or damage to the
Goods. This may have the effect of preventing you from using the Goods. We will notify you before we do
this, and we strongly recommend that you contact us to discuss your account in these
- If you wish to terminate this Agreement on or
after the end of the Minimum Subscription Period you must give us a minimum of one month's notice
and return the Goods to us in accordance with Clause 10 (Return of the Goods).
- On or after the end of the Minimum Subscription
Period we may also terminate this Agreement on one month’s notice, and require you to return the
Goods to us in accordance with Clause 10 (Return of the Goods).
- Cancellation, Cooling Off Period and Early
- You can cancel this Agreement within the period
which ends 14 days after the date you place your order (the Cooling Off Period). Any existing payments
or Early Cancellation Charges will be treated as follows.
- You will not incur any additional charge and any
Subscription Payments or Establishment Fees or delivery fees will be refunded to you if you return the
Goods to us in their original, unopened packaging within 14 days following the day you notify us.
- You will incur an Early Cancellation Charge if
you return the Goods to us within 14 days following the day you notify us, but the Goods were sent to
you in a sealed condition and packaging has been opened. The Early Cancellation Charge in this scenario
would be calculated as three (3) times the Monthly Subscription Payment minus any previously paid
Subscription Payments or Establishment Fees.
- If the Goods are not returned to us within 14 days
following the day you notify us then you will have been deemed to have continued with the Subscription
and any cancellation will be treated as per Clause 15.2.
- After the expiry of the 14 day cooling off
period you must give us a minimum of one month's notice if you wish to terminate this Agreement and
return the Goods to us in accordance with Clause 10 (Return of the Goods). You may also have to pay us
an Early Cancellation Charge calculated as the balance of Subscription Payments would be payable up to
the end of the Minimum Subscription Period.
- Management of System, Device and Data
- We reserve the right to manage and control
access to any devices operated or used by us or linked to any computer or other electronic or
telecommunications system operated or used by us and any data stored therein in a manner deemed
appropriate by us and to delete any data (whether belonging to, provided or stored by the Customer or
otherwise), notwithstanding that such access and the storage of such data is a requirement or
constitutes a part of the subscription service.
- It is your responsibility to back up the data in
the device, restore the device and carry out a factory reset to erase all data created by you during the
subscription period upon returning the Goods to us. We shall not be responsible for any data loss upon
you returning the Goods to us for any reason whatsoever.
- Change of Subscription Plan
- You shall not change the Subscription Plan
without first notifying us of the proposed change in writing, or through such other means as may be
specified by us, and obtaining our written consent. Any change consented to by us shall take effect on
the date specified by us, in the absence of any such specification, on the thirtieth (30) day after the
date of our written consent. Early Termination Charges/Early Cancellation Charges or other
one-time charges shall apply for a change, termination, or downgrade of the Subscription Plan.
- If the Subscription Payment is revised by us at
any time during the Subscription Period, then such revised fee shall not apply during the Subscription
Period. You will continue to pay the fee which the parties had agreed upon at the time of subscription.
We reserve the sole discretion to determine the applicable fees in the event that the Subscription is
- Privacy - consent to use and disclose
information and data
- You agree that we may disclose your personal
information or data we collect from you in connection with this Agreement, including credit reporting
available on our website at https://nowcircular.com.au/privacy-policy. You are entitled to withdraw such consent in
payable to us.
- We may disclose information about you and any
debt you owe us to:
- A debt collection service we engage, and
- Anyone who takes, or in considering taking, an
assignment of any debt you owe us.
- We reserve the right to alter, modify, add to or
otherwise vary Terms and Conditions from time to time by notice to you through the online portal and via
emails. You shall be bound by the Terms and Conditions so amended. In any event, if you continue to use
the subscription service after such notice, you shall be deemed to have accepted the amendments.
- Recovery of Legal Costs:
- If we commence legal action to enforce the
provisions of these Terms and Conditions against you who is in default of your obligations under the
Terms and Conditions, we are entitled to recover the costs and expenses which are incurred as a result
of commencing the action on an indemnity basis. These costs and expenses that we are entitled to would
be in addition to any other relief to which we are entitled.
- The failure of either party to enforce any
provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to
subsequently enforce and compel strict compliance with every provision of this Agreement. The acceptance
of payments by us does not waive your right to enforce any provisions of this Agreement.
- Liability and Indemnification
- You, to the extent permitted by law, will
indemnify and hold us and the Goods, free and harmless from any liability for losses, claims, injury to
or death of any person, including you, or for damage to property arising from your using and possessing
the Goods or from the acts or omissions of any person or persons, including you, using or possessing the
Goods with your express or implied consent.
- If any part or parts of this Agreement shall be
held unenforceable for any reason, the remainder of this Agreement shall continue in full force and
effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent
jurisdiction, and if limiting such provision would make the provision valid, then such provision shall
be deemed to be construed as so limited.
- Neither this Agreement nor your rights hereunder
are assignable except with our prior, written consent.
- Binding Effect
- The covenants and conditions contained in the
Agreement shall apply to and bind the Parties and the legal representatives, successors and permitted
assigns of the Parties.
- Governing Law
- This Agreement shall be governed by and
construed in accordance with the laws of Australia.
- Entire Agreement
- This Agreement, and any Agreements which have been incorporated
by reference, constitute the entire Agreement between us and you and supersedes any prior understanding
or representation of any kind preceding the date of this Agreement. There are no other promises,
conditions, understandings or other Agreements, whether oral or written, relating to the subject matter
of this Agreement.