- 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 11 (Default and
Termination) or Clause 12 (Cancellation).
- 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 9.
- 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.
- 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.
- 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
- Definition and Interpretation
- In these Terms and Conditions, the following words
and expressions shall have the following meanings:
- "Terms and Conditions" means the terms and
conditions in this document which you agree to abide by when subscribed to the Goods.
- “Activation Date” means the date that
the Goods are delivered to you and the subscription period commences.
- "Minimum Subscription Period" means the
minimum period for which you must subscribe for the Goods, as specified in Clause 3.
- “Subscription Period” means the entire
duration for which you have agreed to subscribe to the Goods.
- “Goods” means the goods meeting the
specification set out in your order confirmation, renewal or substitution of that we may agree with you.
- “Late Payment Fee” means the charge you
may have to pay if you do not make a payment due under this agreement on time.
- “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).
- “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).
- “Subscription Payment” means the monthly
payment set out on the first page of this agreement.
- 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, 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.
- Subscription Period
- 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.
- 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.
- Payments
- 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).
- The Subscription Payments will continue to be due
notwithstanding any temporary unavailability of the Goods (for example, where they are being repaired).
- We may charge you an Establishment Fee at the start
of your agreement, as set out in the key terms.
- Punctual payment by you is an essential term of this
agreement.
- 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 in the event that an attempt to obtain them by direct debit fails.
- 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.
- Deposit
- 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 9.
- Any Deposit may be forfeit to cover outstanding
Subscription Payments or other Fees and Charges set out in this Agreement.
- Late Payment
- 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.
- 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.
- Delivery
- 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.
- Your obligations
- You must:
- use the Goods in accordance with the
manufacturer’s instructions;
- take reasonable care of the Goods. 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);
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 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.
- 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).
- 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 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.
- 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.
- 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 for damage to
the Goods.
- 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/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 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.
- 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.
- 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 this
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.
- 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.
- 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 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. 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.
- Default, Termination and Other Things We May
Do
- 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
activity;
- 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;
- You have not paid any Subscription Payment within 7
days of its due date;
- 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;
- 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 Singapore;
- 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.
- 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.
- 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:
- Demand the prompt return of the Goods;
- 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
arrears;
- 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 9
- 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.
- 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).
- 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).
- Cancellation, Cooling Off Period and Early
Cancellation Charge.
- 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 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.
- 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.
- 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 renewed.
- Consent to Use and Disclose Information and
Data
- 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.
- 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.
- 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 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 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.
- Waiver
- 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.
- Severability
- 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.
- Assignment
- Neither this Agreement nor the 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 the Republic of Singapore.
- 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.