Terms of Use

Key Information:

  1. 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.
  2. The subscription of the Goods will continue after the Minimum Subscription Period unless and until this agreement is terminated in accordance with Clause 11 (Default and Termination) or Clause 12 (Cancellation).
  3. 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.
  4. When returned to us, the Goods must be in good condition. If they are not, a charge will be payable. See Clause 9.
  5. If we terminate this agreement under Clause 11 or you terminate it after the expiry of the 14 day cooling off period under Clause 12 you must pay to us the Early Termination Charge/Early Cancellation Charge calculated in accordance with those clauses respectively.
  6. If the Goods are lost or stolen we may charge you a Non-Return Fee as calculated in Clause 9. The Goods remain our property and you shall not become the owner.
  7. 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 (Payments).

Terms last updated: 21 August 2023

Terms and Conditions

  1. Definition and Interpretation
  1. In these Terms and Conditions, the following words and expressions shall have the following meanings:
  1. "Terms and Conditions" means the terms and conditions in this document which you agree to abide by when subscribed to the Goods.
  2. “Activation Date” means the date that the Goods are delivered to you and the subscription period commences.
  3. "Minimum Subscription Period" means the minimum period for which you must subscribe for the Goods, as specified in Clause 3.
  4. “Subscription Period” means the entire duration for which you have agreed to subscribe to the Goods.
  5. “Goods” means the goods meeting the specification set out in your order confirmation, renewal or substitution of that we may agree with you.
  6. “Late Payment Fee” means the charge you may have to pay if you do not make a payment due under this agreement on time.
  7. “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 12 (Cancellation).
  8. “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 11 (Default and Termination).
  9. “Subscription Payment” means the monthly payment set out on the first page of this agreement.
  1. 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.
  2. 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.
  1. Credit and Other Checks
  1. 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, to assess your capability to make payments under the Subscription Service, and as required by applicable laws or regulatory requirements. You further agree and authorize us to share such information with the authorized 3rd party or affiliate, or any of our service partners as may be relevant and/or necessary for the provision of the Subscription Services.
  1. Subscription Period
  1. Unless terminated in accordance with Clause 11 (Default and Termination) or Clause 12 (Cancellation) we agree to lease, and you agree to take on hire, the Goods described above for a Minimum Subscription Period as set out in the key terms and calculated from the Activation Date.
  2. The hire of the Goods will continue after the Minimum Subscription Period unless and until this agreement is terminated in accordance with Clause 11 (Default and Termination) or Clause 12 (Cancellation). The Goods remain our property and you shall not become the owner.
  1. Payments
  1. You agree to pay to us, without previous demand, the Subscription Payments in the amount set out in the key terms any other sums due from you at the times shown for the duration of the minimum period and thereafter until the agreement has been terminated in accordance with Clause 11 (Default and Termination) or Clause 12 (Cancellation).
  2. The Subscription Payments will continue to be due notwithstanding any temporary unavailability of the Goods (for example, where they are being repaired).
  3. We may charge you an Establishment Fee at the start of your agreement, as set out in the key terms.
  4. Punctual payment by you is an essential term of this agreement.
  5. 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.
  6. 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 in the event that an attempt to obtain them by direct debit fails.
  7. You shall agree to indemnify us for:
  1. 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;
  2. 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.
  1. Deposit
  1. We may charge a Deposit as part of this Agreement.
  2. Any Deposit will be refunded at the end of a subscription and once the Goods have been returned as set out in Clause 9.
  3. Any Deposit may be forfeit to cover outstanding Subscription Payments or other Fees and Charges set out in this Agreement.
  1. Late Payment
  1. We may apply a late payment fee of up to $19 every time that a payment is not paid or made under this agreement by its due date.
  2. In the event that the a Subscription Payment is not received by us by the due date, we shall be entitled to employ outside debt collection agency or institution to collect any or all sum due but unpaid by you, which includes the sum of all overdue subscription payments and any potential Early Termination Charges or Non-Return Fees. And for so doing, you shall fully indemnify us for all amount of costs and expenses reasonably incurred by us in employing such outside debt collection agency or institution or its nominated agent and all legal fees and disbursements reasonably incurred by us in recovery thereof, if any.
  1. Delivery
  1. We will use reasonable endeavours to deliver the Goods to you on the date specified when you placed your order.
  2. 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.
  1. Your obligations
  1. You must:
  1. use the Goods in accordance with the manufacturer’s instructions;
  2. take reasonable care of the Goods. You are responsible for any loss or damage.
  3. 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); and
  4. immediately notify us if the Goods have been lost or stolen or significantly damaged.
  1. You must not:
  1. 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
  2. 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).
  1. You may temporarily remove the Goods from Singapore, provided that the Goods are returned to Singapore. If we ask you, you must tell us where the Goods are, within 7 working days of our written request.
  2. The agreement will commence when it is electronically signed by both you and us. It will continue for a minimum period ending 24 months from the Activation Date, subject to termination / cancellation pursuant to Clauses 11 (Default and Termination) and 12 (Cancellation) and your statutory rights, at the end of which you may either return the Goods to us (at which point this agreement will terminate), or, if you do not, the agreement will continue on a rolling monthly contract basis (during which time Hire Payments will continue to be payable by you and taken by direct debit at the same rate and frequency set out above until ended by you or us on at least one month’s notice).
  1. Return of the Goods
  1. If you cancel this agreement within the cooling off period of 14 days after placing your order in accordance with Clause 12 you must return the Goods to us within 14 days from the point of cancellation. Please see Clause 12 below for further information on the return of the Goods in these circumstances.
  2. 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 11 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 12. 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.
  3. Instructions on how to prepare the Goods for return will be provided to you.
  4. 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 for damage to the Goods.
  5. 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.
  6. If you return the Goods to us at the end of or upon termination/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.
  7. 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 either (a) the Goods Recommended Retail Price (as determined by us) minus 50% of the value of the Subscription Payments over the Subscription Period, or (b) $1, whichever is greater.
  8. 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 will remain our property.
  9. 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:
  1. 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
  2. Taking legal action through State Courts and the appointment of representatives to collect any sums awarded to us.
  1. Device Ownership and Warranty Coverage
  1. 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 this Agreement.
  2. 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.
  3. 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.
  4. You are responsible for any loss of or damage to the Goods from the date they are delivered to you until the date they are returned to us. We strongly suggest that you consider insuring the Goods, or checking that any current cover you have is sufficient as, even if you do not, you will remain responsible for paying the costs of any repairs or replacement.
  5. 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.
  6. 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.
  7. 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 you.
  8. The Goods are not transferable at any time during the subscription period.
  9. 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 contract.
  1. Default, Termination and Other Things We May Do
  1. We have the right to terminate this agreement if any of the events specified below occur:
  1. 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);
  2. You have provided unauthorised payment or other details or we have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised activity;
  3. 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;
  4. You have not paid any Subscription Payment within 7 days of its due date;
  5. You break any of the conditions of this contract, 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;
  6. You have provided us with information that is false or misleading in a material respect;
  7. Any judgment is obtained against you and remains unsatisfied for more than 7 days or any distress or execution is levied against your property;
  8. You die;
  9. You cease to be a resident of Singapore;
  10. We ask you to provide us with the location of the Goods or provide proof that the Goods are in your position and you do not do so.
  11. 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 so returned.
  1. 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 also:
  1. Demand the prompt return of the Goods;
  2. Prevent the use or resale of the Goods (by making a notification of the IMEI or serial number of the Goods);
  3. Where the Goods have not yet been delivered, withhold or withdraw such delivery.
  4. Recover from you the sum, calculated as at the date of termination, equal to the aggregate of:
  1. Any sums due under this agreement that are in arrears;
  2. Any other sum due to us under the agreement at termination;
  3. 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
  4. A Non-Return Fee as set out in Clause 9
  1. 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 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.
  2. If you wish to terminate this agreement on or after the end of the minimum term you must give us a minimum of one month's notice and return the Goods to us in accordance with Clause 9 (Return of the Goods).
  3. On or after the end of the minimum term we may also terminate this agreement on one month’s notice, and require you to return the Goods to us in accordance with Clause 9 (Return of the Goods).
  1. Cancellation, Cooling Off Period and Early Cancellation Charge.
  1. 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
  1. 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.
  2. 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.
  3. If the Goods are not returned to us within 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 12.2.
  1. 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 9 (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.
  1. Management of System, Device and Data

  1. 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.
  2. 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.
  1. Change of Subscription Plan
  1. 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.
  2. 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 renewed.
  1. Consent to Use and Disclose Information and Data
  1. You agree that we shall be entitled to collect, use or disclose any information or data collected from by you in accordance with the Privacy Policy located on our website at https://nowcircular.sg/privacy-policy. You are entitled to withdraw such consent in the procedure as prescribed by the Privacy Policy from time to time unless there is outstanding payment payable to us.
  2. We may disclose information about you and any debt you owe us to:
  1. A debt collection service we engage, and
  2. Anyone who takes, or in considering taking, an assignment of any debt you owe us.
  1. General
  1. 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.
  2. Recovery of Legal Costs:
  1. If we commence legal action to enforce the provisions of these Terms and Conditions against you who is in default of their obligations under the Terms and Conditions, we are entitled to recover the costs and expenses which are incurred as a resulting 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.
  1. Waiver
  1. 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.
  1. Liability and Indemnification
  1. 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.
  1. Severability
  1. 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.
  1. Assignment
  1. Neither this Agreement nor the your rights hereunder are assignable except with our prior, written consent.
  1. Binding Effect
  1. 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.
  1. Governing Law
  1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.
  1. Entire Agreement
  1. 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.