Terms of Use

Key Information:

The subscription of the Goods will be from the Activation Date and will continue for the duration of the Subscription Period unless the Agreement is terminated in accordance with Clause 13 (Default, Termination and Other Things We May Do) or Clause 14 (Cancellation and Cooling Off Period).
The Goods remain our property and you shall not become the owner.
You are required to return the Goods to us at the end of the Agreement or upon termination of the Agreement.
You can cancel the Agreement within the Cooling Off Period, which is the latter of 14 days after the Order Date or the Activation. If you do so, then you must return the Goods to us in their original, unopened packaging within 14 days following the date of cancellation otherwise you may incur a fee.
If you terminate the Agreement after the expiry Cooling Off Period under Clause 14 (Cancellation and Cooling Off Period) you may be required to pay us an Early Cancellation Charge.
If we terminate the Agreement under Clause 13 (Default, Termination and Other Things We May Do) then you may be required to pay us an Early Termination Charge.
When returned to us, the Goods must be in good condition. If they are not, Repair Charges may be payable in accordance with Clause 9 (Return of the Goods).
If the Goods are lost or stolen we may charge you a Non-Return Fee in accordance with Clause 9 (Return of the Goods).
If a Subscription Payment due under the Agreement is not made on time, then we may charge you a Late Payment Fee of up to $19.
We may charge you for all reasonable costs and expenses incurred by us as a result of you breaching the Agreement, in enforcing any term of the Agreement, or in carrying out administrative work at your request. See Clause 6 (Fees and Charges).

Terms and Conditions last updated: 28 May 2026

Terms and Conditions

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 agreement between us and you and includes the Schedule, the Terms and Conditions, and any document referenced in the Terms and Conditions.
“Cooling Off Period” is the latter of 14 days after the Order Date or the Activation Date.
“Goods” means the items described in the Schedule to the Agreement.
“Order Date” means the date that a subscription order was placed.
“Parties” mean both you and us.
“Schedule” means the part of the Agreement that outlines information about the Goods subscribed to under the Agreement and the subscription itself.
“Subscription Payment” means the monthly payment set out in the Schedule of the Agreement.
“Subscription Period” means the duration for which you have agreed to subscribe to the Goods, which is set out in the Schedule of the Agreement. The Subscription Period is calculated from the Activation Date.
“Terms and Conditions” means this document which outlines your and our respective rights and obligations when you subscribe to the Goods under the Agreement.
“We”, “us”, “our” means Circular Now (Australia) Pty Ltd (ACN 657630094).
“You”, “your”, “yours” means the person leasing the Goods for the Subscription Period under the Agreement and in accordance with these Terms and Conditions.
“Credit Reporting Body” means a credit reporting body as defined in the Privacy Act 1988 (Cth).

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.

Privacy of personal information

We are committed to protecting your personal information. Our Privacy Policy describes how we comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles, Part IIIA of the Privacy Act and the Privacy (Credit Reporting) Code. Our Privacy Policy is available on our website at https://nowcircular.com.au/privacy-policy.

Consents

When you check the box to agree to these Terms and Conditions and click on the ‘Subscribe’ button, you:

agree and authorise us, where permitted by law, to collect, use and disclose your personal information, credit information and credit eligibility information for the purposes described in our Privacy Policy, including assessing your application, verifying your identity, preventing fraud, managing your account, recovering overdue amounts and, where permitted by law, obtaining information from or disclosing information to a Credit Reporting Body;
consent and agree to receive the Agreement, and any other communication that we provide to you, electronically and that this will satisfy any legal requirement that such communication be in writing;
acknowledge that you have been given access to our Privacy Policy before submitting your application and that the Privacy Policy explains how we handle personal information, credit information and credit eligibility information, including that we may obtain information from, and disclose information to, a Credit Reporting Body, that we may make an information request or credit enquiry with a Credit Reporting Body, that a record of that information request or credit enquiry may be recorded with a Credit Reporting Body and included in your credit report, that we may disclose to a Credit Reporting Body, where permitted by law, information which may include consumer credit liability information, repayment history information, financial hardship information, payment information, default information and serious credit infringement information, that Credit Reporting Bodies may include this information in reports provided to other credit providers, that this information may be used by other credit providers to assess your creditworthiness and may affect your credit report, credit score or credit rating, and your rights to access, correction and complaint.

Subscription Period

You acknowledge that you electronically sign the Agreement by clicking on the ‘Sign’ button on the Agreement and that this is the legal equivalent of your hand-written signature.
The Agreement will commence when both you and we have signed the Agreement.
Under the Agreement, you agree to subscribe to the Goods from the Activation Date for the duration of the Subscription Period, unless the Agreement is terminated in accordance with Clause 13 (Default, Termination and Other Things We May Do) or Clause 14 (Cancellation and Cooling Off Period).
You are required to return the Goods to us at the end of the Agreement or upon termination of the Agreement, unless you enter a new Agreement for the same Goods.

Delivery

We will use reasonable endeavours to deliver the Goods to you within the timeframe 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 the Agreement if the delay is longer than 30 days from the date specified when you placed your order.

Fees and Charges

If Goods and Services Tax (GST) is payable on any fees and charges due by you under the 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.
You must pay all fees and charges payable to us via credit card, debit card, direct debit from your bank, or other means we may specify.
We may request you to provide credit or debit card details. In providing these you irrevocably authorise us to charge to such card any fees and charges due under the Agreement.
Establishment Fees: we may charge you an Establishment Fee before the Activation Date for setting up the Agreement. If we do so, this will be communicated to you before you subscribe and will be reflected in the Schedule.

Deposits:

We may charge a deposit as part of the Agreement. If we do so, this will be communicated to you before you subscribe and will be reflected in the Schedule.
Any deposit will be refunded once the Goods have been returned in accordance with Clause 9 (Return of Goods).
Any deposit may be forfeited to cover outstanding Fees and Charges in accordance with Clause 6 (Fees and Charges).

Subscription Payments:

You agree to pay to us the Subscription Payments as reflected in the Schedule for the duration of the Subscription Period or until the Agreement has been terminated in accordance with Clause 13 (Default, Termination and Other Things We May Do) or Clause 14 (Cancellation and Cooling Off Period).
Subscription Payments will continue to be due notwithstanding any temporary unavailability of the Goods (for example, where they are being repaired).

Late Payment Fees:

Punctual payment of fees and charges is an essential term of the Agreement.
We may apply a Late Payment Fee of up to $19 every time that a Subscription Payment under the Agreement is not made by its due date.

Cooling Off Charge:

The Cooling Off Charge is calculated as three (3) times the Monthly Subscription Payment minus any previously paid fees and charges.

Early Cancellation Charge:

The Early Cancellation Charge is calculated as the balance of Subscription Payments that would be payable from the date of cancellation up to the end of the Subscription Period.

Early Termination Charge:

The Early Termination Charge is calculated as the balance of Subscription Payments that would be payable from the date of termination up to the end of the Subscription Period.

Repair Charges:

Repair Charges means the charge you may pay for returning the Goods in a damaged condition.
Our Damage Cover describes the Repair Charges payable to us for damaged Goods. Our Damage Cover Policy is available on our website at https://nowcircular.com.au/damage-cover

Non-Return Fee:

If you do not return the Goods to us within 14 days of the end of or upon termination of the Agreement, we may charge you a Non-Return Fee.
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 property.

Enforcement Expenses:

If we commence enforcement proceedings we may recover the costs and expenses which we incur as a result of commencing enforcement proceedings 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.

Non-Payment of Fees and Charges

You shall agree to indemnify us for:

all reasonable costs and expenses incurred by us as a result of you breaching the Agreement and/or in our enforcing any term of the Agreement;
all reasonable costs and expenses incurred by us for any administrative work carried out by us at your request in connection with the 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.

In the event that we do not receive payments for any fees and charges, we may:

employ a third party to collect from you any or all outstanding fees and charges due, and for so doing, you fully indemnify us for:

all costs and expenses we reasonably incur by employing the third party for this purpose; and
all legal fees and disbursements associated in the recovery thereof, if any.

Failure to return the Goods or pay fees and charges 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:

where permitted by law, and without limiting clause 3, disclosing credit information to a Credit Reporting Body in connection with non-payment, non-return of the Goods, loss of or damage to the Goods, fraud, serious credit infringement or other breach of the Agreement. This may include consumer credit liability information, repayment history information, financial hardship information, default information, payment information, serious credit infringement information or other information permitted under the Privacy Act 1988 (Cth), but only where the relevant information is permitted to be disclosed in the circumstances, any required notices have been given, and any other legal requirements are satisfied; and/or
taking legal action in a court or tribunal of competent jurisdiction and appointing representatives to collect any sums awarded to us; and/or
employing outside debt collection agencies to collect from you any or all outstanding monies due, including the sum of all overdue fees and charges.

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 the 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 12 (Financial 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 postponement.
If we agree to postpone the enforcement and / or enter into a different Agreement, we will issue you with a notice of variation of the Agreement.

Your obligations

You must:

use the Goods in accordance with the manufacturer’s instructions;
take care of the Goods during the Agreement 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 the Agreement (for example upon the termination or cancellation or expiry of the Agreement, or where a repair or replacement of the Goods is requested); and
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.

Return of the Goods

You must return the Goods to us within 14 days of the:

Date of cancellation, if you cancel the Agreement within the Cooling Off Period. Please see Clause 14 (Cancellation and Cooling Off Period) below for further information on the return of the Goods in these circumstances.
End of the Agreement, including the Agreement is terminated in accordance with Clause 13 (Default, Termination and Other Things We May Do) or Clause 14 (Cancellation and Cooling Off Period).

If you fail to return the Goods in accordance with Clause 9.1, we may charge you a Non-Return Fee in accordance with Clause 6 (Fees and Charges).
If you return the Goods in a damaged condition we may charge you Repair Charges in accordance with Clause 6 (Fees and Charges).
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. If you fail to do so, we may charge you a Non-Return Fee in accordance with Clause 6 (Fees and Charges).
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.

Ownership and Warranty Coverage

The Goods remain our asset. You have no right, title or interest in the Goods except as expressly set forth in the Agreement. That is, you do not own the Goods and you are to return the Goods to us at the end of the Agreement.
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 Goods or to repair the Goods that are sent in for repairs and then return it to you.
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. We may conduct reasonable audit checks during the Subscription Period, including by email, SMS, WhatsApp or another reasonable communication channel. If we ask you to provide reasonable evidence that the Goods remain in your possession, you must do so within the timeframe we specify, which will be reasonable in the circumstances. If you do not do so, this may be treated as a breach of the Agreement.

Insurance cover for loss, theft, damage

The warranty cover under Clause 10 (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.

Financial Hardship

You should notify us immediately if you consider that you are, or will be, unable to meet your financial obligations under the Agreement.
We may request that you provide us with relevant information so that we can decide:

whether you are, or will be, unable to meet your financial obligations under the Agreement; or
how to change the Agreement if you are, or will be unable to meet those financial obligations.

If you do not provide us with the information requested in Clause 12.2, then we may not be able to change the Agreement.
If we agree to change the terms of the Agreement, we will provide you with a written notice setting out the change to the Agreement.
We do not have to change the terms of the Agreement if we consider that a change will not assist you in meeting your financial obligations under the Agreement.

Default, Termination and Other Things We May Do

We have the right to terminate the Agreement if any of the events specified below occur:

Misuse of the Goods: We reasonably believe that the Goods have been used in a way which is not allowed under the Agreement (although for breaches that you can put right, we may first give you an opportunity to do so within 14 days);
Fraud or Unauthorised Activity: If you have provided unauthorised payment or other details or we have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised activity;
False or misleading information: If you have provided us with information that is false or misleading in a material respect;
Default: If an event of default occurs and you are unable to remedy the default within 30 days of receiving a default notice from us;
Breach of the Agreement: If you break any of the terms of the 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;
Any judgement 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 reside in 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 Goods;
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. You may have to pay us an Early Termination Charge in accordance with Clause 6 (Fees and Charges) and we may:

Demand the return of the Goods:

We may commence enforcement proceedings against you if you are in default under the Agreement and we have given you a default notice under Clause 13.1.4 allowing you at least 30 days to remedy the default and the default has not been remedied.
You may make a postponement request to negotiate a postponement of the enforcement proceedings or any action taken under the enforcement proceedings.
If we agree to your postponement request under Clause 13.2.1.2, we will provide you with written notice of the conditions of the postponement.
We may need to gain access to your premises by seeking a court order to repossess the Goods. If this happens, Enforcement Expenses may be recovered in accordance with Clause 6 (Fees and Charges).

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.

If any of the events specified in Clause 13.1 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 circumstances.

Cancellation and Cooling Off Period

Cooling Off Period:

You can cancel the Agreement within the Cooling Off Period by email.
If you do so, then you must return the Goods to us within 14 days following the date of cancellation.

If you return the Goods to us in their original, unopened packaging within 14 days following the date of cancellation, then you will not incur any additional fees and charges under the Agreement; and any fees and charges previously paid to us under the Agreement will be refunded to you.
If you return the Goods to us within 14 days following the date of cancellation, but the packaging has been opened, then you may have to pay us a Cooling Off Charge as described in Clause 6 (Fees and Charges).

If the Goods are not returned to us within 14 days following the date of cancellation, then you will have been deemed to have continued with the Agreement and any cancellation will be treated as per Clause 14.2.

After the expiry of the Cooling Off Period you must give us a minimum of one month’s notice if you wish to terminate the Agreement and return the Goods to us in accordance with Clause 9 (Return of the Goods). You may also have to pay us an Early Cancellation Charge in accordance with Clause 6 (Fees and Charges).

Management of System, Goods and Data

We reserve the right to manage and control access to any Goods 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 Agreement.
It is your responsibility to back up the data in the Goods, restore the Goods 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.

Changes to the Agreement

If you would like to change the terms of the Agreement, you must give us a written notice or through such other means we specify, setting out the proposed details of the change in the terms of the Agreement.
If we consent to change the terms of the Agreement under Clause 16.1, we will issue you with a notice setting out the change to the Agreement, which will include the date from when the change takes effect and any applicable fees and charges.
We do not have to agree to your request to change the terms of the Agreement under Clause 16.1.

General

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 Goods under the Agreement after such notice, you shall be deemed to have accepted the amendments.

Waiver

The failure of either party to enforce any provisions of the 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 the Agreement. The acceptance of payments by us does not waive your right to enforce any provisions of the 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.

Severability

If any part or parts of the Agreement shall be held unenforceable for any reason, the remainder of the Agreement shall continue in full force and effect. If any provision of the 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.

Assignment

Neither the 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 and Jurisdiction

The Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties to the Agreement irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Entire Agreement

The Agreement, and any documents such as the Schedule, which have been incorporated by reference, constitute the entire Agreement.
The Agreement supersedes any communication between us and you, prior understanding or representation of any kind preceding the date of the Agreement. There are no other promises, conditions, understandings or other Agreements, whether oral or written, relating to the subject matter of the Agreement.