Terms and Conditions

Last updated 19th August 2020

We are Magic Media Works Ltd trading as 'ROXi'.

We appreciate you stopping by to read these terms; it's important that you do.

These terms apply to your use of our music service and the ROXi product. In addition, where we run promotions and other campaigns, extra promotional campaign terms and conditions may also apply.

By downloading our app, using our website or the ROXi console product and/or our music service, you agree to these terms. If you do not understand or do not accept any part of these terms, then please do not use our service or product.

The service
The service gives you access to some great on-demand music content via the ROXi product and a compatible device. Please understand that you are not able to use the music service without either our app or our physical device.

To access the music service, you either need to purchase a ROXi product through our website, telesales office, through one of our retail partners or download our app to your Smart TV. The ROXi product may only be used with compatible devices which can support an HDMI-input connection and has a visual display screen (e.g. most new TVs and monitors) or a Smart TV which supports our app. You will need to have access to an internet connection (via WiFi) and power source at all times in order to access the music service.

You must make sure that your device meets the minimum hardware, systems and software requirements, as set out on our website. Sometimes device manufacturers may impose changes that limit or restrict your use of the ROXi product or the music service on that device. Although we are working to ensure that our ROXi products are compatible across devices, we cannot guarantee that our products will work with all devices. Please, therefore, check that your device is compatible prior to ordering or buying the ROXi product.

We may change the content, features and price of our music service, the ROXi products and our Music Passes from time to time. The content and features of the music service and the ROXi product, the required hardware and software and the technical requirements are described in further detail at our website https://www.roxi.tv .All prices are inclusive of legally applicable VAT.

Depending on the product you purchase the ROXi product may come with one-month renewing subscription or a Music Pass entitling you to 6 or 12 months access to the premium ad-free version of our music service at no additional cost.

In the case of a Music Pass this may be activated at any time following your purchase of the ROXi product. The entitlement will start from the date the Music Pass is activated on the service. At the end of your initial Music Pass entitlement, the music service will become an ad-supported radio service, meaning that we may serve advertisements to you while you access the service and listen to music (this could be in the form of display advertising, audio advertising, or any other type of advertising), plus a limited music choice may apply and on-demand features will become disabled. Or, if you really loved the premium version of the music service, you may purchase additional Music Passes, allowing you access to the ad-free, on-demand, premium version of the service for a certain period of time (typically 12 months) in exchange for a one-off fee. Additional Music Passes may be purchased via the website or via the music service itself. Prices are listed on the website and may be varied by us from time to time and are subject to the pricing policies of our retail partners. Once your additional Music Pass expires, the music service will convert to an ad-supported radio service, unless you purchase another additional Music Pass.

In the case of a one-month renewing subscription you will be asked to pay a fee each month in advance for access to the service and you should refer to the terms of purchase provided by any app store or other third party providing a payment solution in relation to our app.

Occasionally we may offer our customers a free trial of the service and you should refer to the terms of such free trial at the time of taking up the offer.

Ordering with us and cancellation
Your order for a ROXi product is an offer to ROXi to purchase the product. When you place an order for our console product, we will send you an email confirming receipt of your order which will also contain the details of your order. This email is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to purchase the product. We only accept your offer when we dispatch the ROXi product to you and send email confirmation to you that we've dispatched the product. All delivery estimates provided to you are estimates only and we do not guarantee that delivery of your product will occur by a particular date.

The agreement between you and us for the purchase of a Music Pass becomes effective upon the earlier of: (i) our acceptance of your order; (ii) your receipt of an order confirmation; or (iii) your activation of the Music Pass.

In the case of your purchase of our app you must refer to the terms of purchase provided by the relevant retailer to determine when your order has been accepted.

Cancelling your order of the product
If you change your mind, then don't worry. For purchases made directly from ROXi, you have the right to cancel your purchase of the product and receive a full refund without giving any reason up to 14 days from the date the ROXi product is delivered to you, except where you activated your Music Pass to the music service during that time and agreed that you lost the right to cancel upon such activation.

You give your explicit consent to the immediate commencement of the music service upon formation of your agreement with us. You acknowledge and accept that by activating your Music Pass and/or accessing the music service during the 14-day cancellation period, you will lose your statutory right to cancel the agreement.

Please also note that the right of cancellation does not apply to:

  1. the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  2. the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery; or
  3. the supply of goods made to your specifications or clearly personalized.
Cancelling an additional Music Pass
If, after you have purchased an additional Music Pass from us, you change your mind, that's fine. You have the right to cancel your purchase of an additional Music Pass, and receive a full refund without giving any reason up to 14 days from the date you purchased it, except where you purchased or activated the Music Pass and agreed at that point that you lost the right to cancel upon such activation.

You give your explicit consent to the immediate commencement of the music service upon formation of your agreement with us. You acknowledge and accept that by activating your Music Pass and/or accessing the music service during the 14-day cancellation period, you will lose your statutory right to cancel the agreement.

Cancelling a recurring monthly subscription
If you have purchased our console subject to a recurring monthly subscription or you have purchased our app through an app store or other third party payment provider you will be entitled to terminate your subscription at any time by giving us or the retailer, a appropriate, no less that 7 days' notice prior to the expiry of your then current month's subscription.

How to cancel
To cancel your purchase for the ROXi product, you can email us at support@roxi.com, or contact our customer services team by telephone on 02070 992 750 or by post to ROXi, Greenlight Studios, 3 Bravingtons Walk, King's Cross, London, N1 9AJ

If you have purchased our console subject to a recurring monthly subscription or you have purchased our app through an app store or other third party payment provider you should refer to the terms and conditions provided by the relevant retailer for details of how to cancel your subscription.

Effects of cancellation
Once you have cancelled your agreement with us, we will refund the price you paid for the ROXi product or additional Music Pass (as applicable), including any standard (non-premium) delivery costs.

If you cancel a contract for the ROXi product, you are responsible for returning the product to us without undue delay. Where applicable, you are responsible for the costs of returning the product and we may charge you for our direct returns costs.

If you cancel a recurring monthly subscription you won't be charged any further for our service, but we won't give you are refund of any amounts paid up to the date of cancellation.

Payment of refund
We will make any refund due to you without undue delay and within 14 days from: (i) the date you notify us of your decision to cancel; or (ii) in the case of returned ROXi products, the date we receive the product from you or the date we receive evidence from you that the product has been returned (such as a posting receipt).

We will make the refund using the same means of payment you used when you purchased the item, unless you agree otherwise.

These cancellation rights do not affect your statutory legal rights. For advice on what rights you may have, please visit www.adviceguide.org.uk.

Purchases made through a retail partner
These cancellation rights do not apply where you purchase your ROXi product through a retailer or distributor, including where you purchase it as an app. Please contact the retailer or distributor you purchased the product from if you have any problems relating to cancellation or refund.

Defective products
If you are returning a ROXi product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us. This right is additional to your statutory right to cancel.

You must notify us of an error in respect of the ROXi product delivered or of a damaged or defective product within 30 days of receipt. If a product becomes faulty after the 30 days please see https://support.roxi.tv/s/contactsupport to obtain further returns information. You must return the ROXi product in the same condition in which you received it. You have a legal obligation to take reasonable care of the product whilst it is in your possession. If you don't, we may have a right of action against you for compensation.

We will examine all products returned as damaged or defective and will notify you of your refund via email as soon as we reasonably can. We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the day we confirm to you via email that you are entitled to a refund for the damaged or defective product. Where we have accepted the damaged or defective products returned by you, you will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to us. If we find no fault with the returned products, you will be notified that the returned products cannot be accepted and you may choose to have the products re-delivered to you. If you do not accept re-delivery we may retain the products and the purchase price and recover our fees and expenses from you. With respect to products reported as damaged or defective after 30 days from the date on which it was purchased, we may seek to repair or replace the product prior to, or instead of, offering you a refund.

In the case you are having problems with our app this could be for a number of reasons including an incompatible device and internet issues. However, if you believe there is a fault with our software please get in touch here and we will do our best to fix the issue.

Purchases made through a retail partner
These provisions concerning defective products do not apply where you purchased your ROXi product through a retailer or distributor. Please contact the retailer or distributor you purchased the product from if you have any problems with the product.

Product warranty
In addition to your consumer rights, you may be entitled to a product warranty. Please refer to the warranty documentation delivered with the product for more information.

Payments
You are required to pay the fees for the items you order with us in accordance with the price list in effect at any given time. Detailed pricing information is displayed on our website. You will still be required to pay these fees whether you use the music service or not.

Generally we use payment providers to take payment from you on our behalf. During the ordering process, you will need to provide the provider with all the information required to collect payments. You authorise the payment provider to collect payments on our behalf.

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we can't proceed with your purchase. We are not responsible for your card issuer or bank charging you as a result of our (or our payment processor) processing of your credit/debit card payment in accordance with your order.

Vouchers
We may distribute vouchers or personalized codes, which allow you to take advantage of a discount on your purchase. Restrictions to the use of vouchers:

  1. The voucher can be used only once, with the exception of returns (as specified below) and any unique terms specific to the associated offer in particular;
  2. The voucher cannot be exchanged for money;
  3. You may not use more than one voucher per order;
  4. The voucher can be applied only to one item per order; and
  5. The voucher can be applied only to items with a higher or equal value to the voucher itself.
  6. If the voucher is to be used with a third-party retailer, payment provider or app store its use may be subject to the additional terms and conditions of that party.
If you are not satisfied with your order, you may be entitled to return the item to which you applied the voucher by following the standard return procedure, as described above. Once your return has been accepted, the respective code will be resumed to its original value.

Using the music service
The music service can only be accessed using either the ROXi product when connected to a compatible device with an HDMI-input with a visual display screen, such as a TV or monitor (not included with the ROXi product) or by way of downloading the ROXi app. You are responsible for the installation and placement of the ROXi product or ROXI app with your compatible device and for acquiring a sufficient internet connection needed for using the music service.

You are also responsible for the functionality, sufficiency and protection of the internet connection, power source, and/or other services that may be required for using the music service, such as electricity, as well as for the related costs, fees and charges (this might include, for example, electricity costs and data usage costs).

Some of the content we provide (such as the music on our service) is supplied by other organisations and the availability of such content is outside of our control. We will always try to let you know (via our website, or via email) about device restrictions and the unavailability of certain content.

The content on our music service may change regularly. This means that new content may become available and existing content may be removed from time to time.

The service may contain content which includes explicit language and other material which is explicit or adult in nature, and which may not be suitable for children. The product's default setting is for explicit language to be censored. You may only enable explicit content where you are over 18, or over 16 with your parent or guardian's permission.

We will do our best to make sure that our website and our music service are uninterrupted and error-free, although we can't guarantee this. If we need to suspend or restrict access to, or update, our service or the content on it, we will do our best to minimise any disruption to you. Where possible, we recommend you install virus protection software on any devices you plug the ROXi product into.

You may only use the ROXi product and the music service in the country in which you have established your account. Due to rights restrictions, you will not be able to access the music service in any country outside of our territories of operation, which may change over time.

Disruption to the service
The quality of the service may be affected by a number of factors including, for example, the devices used by you in conjunction with the ROXi product or application, network connection and internal network, as well as any interference or maintenance work.

Subject to the other provisions of these terms (including, in particular, the provisions below concerning liability), the music service shall be provided as is, without any representation, warranty or guarantee, unless such representation, warranty or a guarantee has been explicitly and separately agreed upon in writing.

If a disruption or disturbance occurs on the service due to repair or maintenance work, updates or for reasons beyond our control, you accept that this does not constitute a defect or delay in the service, and, to the extent permitted by law, we shall not be liable for any consequences resulting from such disturbances or disruptions. We may update the software included in the music service from time to time.

We have the right to deactivate the service available through the ROXi app and the ROXi product or restrict or prevent the use of them in case a competent authority demands disconnection or deactivation or any other such measure or where the use of the service is in violation of law, rules and regulations or these terms.

Forums and user generated content
We may provide via our website a forum, blog or other manner by which you may share your own content (including, for example, text, images and audio-visual material (as the website functionality permits)).

If you upload, share or submit (either directly, or through Facebook, Instagram or any similar service) any of your own content using the ROXi website or app you must comply with the rules and standards set out below.

You will always remain the owner of the copyright in any original content that you upload, share or submit to our website or app. The permission you grant to us below is not exclusive. You may continue to use your content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these terms.

By uploading, sharing or submitting your content, you grant to us a worldwide, royalty-free licence (including the right to sub-license or assign) in and to such content so that we and any of our successors may exploit the content in any way in connection with the provision of the ROXi website, app or service.

You promise to us that:

  1. The content you upload and share is your own original work and you own the content and/or you have all necessary rights and permissions to use, and to authorise us to use the content;
  2. No further payments will be due to any other person arising out of the exploitation of your content;
  3. Any content you upload, share or submit complies with the rules set out below; and
  4. Your content does not defame any person or infringe upon the copyright or other intellectual property rights, or rights of privacy of any other person.

When you upload, share or submit your content you may be making the content available to the general public. This means that any user may be able to view and access the content. Please do not upload content if you do not want it to be available to the general public.

We may, but are not obliged to, at our sole discretion and without notice, remove any content that you upload, share or submit. However, we do not have any obligation to check the accuracy or truthfulness of content uploaded, nor to review or monitor such content, or our users' use of the website. We are not responsible for the content uploaded or shared by other users on our website.

Rules on using the service, the app and the website
You must not, nor allow anyone else to:

  1. upload, share or submit content that is obscene, indecent, pornographic, sexually explicit, libellous, depicting violence (in a explicit, graphic or gratuitous manner), offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or that causes annoyance, inconvenience or needless anxiety to any person or be in breach of racial, religious hatred or discrimination legislation;
  2. incorporate any advertising, or conduct any other paid sponsorship or promotional activities of any kind, in the content you upload and share;
  3. conduct forward promotions, chain letters, surveys, contests, or pyramid selling schemes;
  4. use another users' personal data for any purpose other than making contact with them, and it is reasonably expected that this contact will be welcomed by such other users;
  5. upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code;
  6. use the website, ROXi application, ROXi product or the service for any illegal or unlawful purpose;
  7. alter, adapt, modify, copy or create a derivative work from the content on the service (such as the music content);
  8. use the music service other than for your personal, non-commercial use;
  9. Sell or attempt to sell, copy, reproduce, share or distribute any music content contained in the music service;
  10. modify, adapt, translate, edit, repurpose, reverse engineer or hack any part of the website, ROXi app or music content contained in the music service;
  11. interfere with another user's use and enjoyment of the website and service or use the website, app or service in any other manner that could damage, disable, over burden or impair the website, app or service;
  12. use the service or the ROXi product other than as expressly permitted by these terms and as permitted by the normal functionality of the service and product;
  13. infringe our rights or anyone else's rights;
  14. circumvent, disable or otherwise interfere with any security related features (including digital rights management features) of the service (or the content on it) or the ROXi product; or
  15. use the service or ROXi product for commercial use.

If we consider that you have breached these terms, then without limiting any other right or remedy we may be entitled to, we may take any action we consider is necessary to protect the service and its users. We may: (a) withdraw your right to use the service; (b) take legal proceedings against you; and/or (c) disclose any information to law enforcement authorities we think is necessary or as required by law. Such actions are not limited and we may take any other action we reasonably deem appropriate.

ROXi's intellectual property rights
The legal rights (including the intellectual property rights) in our website, app, music service and ROXi products, including any content on them and the compilation of this content, are owned by us, or licensed to us by others. Our website, app, product and music service, including the compilation of the content, are protected by international copyright laws and database rights. You acknowledge and agree that all content on the website, the app and music service is owned by us or our partners and that no right, title or interest in the content is transferred to you.

Copyright owners identified in the music service are the owners or licensees of the copyright music content featured and you may not infringe their rights by copying the content or sharing it with third parties and you will be in breach of applicable laws if you do.

Provided that you comply with these terms, we will grant to you a limited, revocable, non-transferrable, non-exclusive licence to our music service, the ROXi product and the related software, to the extent necessary for you to use the music service and the product in compliance with these terms. Your use of the service and the ROXi product is allowed only for the agreed and intended purpose in compliance with these terms and any guidelines issued by us or our partners. You agree that your right to listen to the music content on the service is limited to listening via streaming only.

You may not, without our prior written consent, copy, convert, alter or modify the ROXi product, the music service, or their software or any part of them, except where required by law.

Liability
If you are a consumer and if we fail to comply with these terms then we are responsible for loss or damage suffered by you that is a foreseeable result of our breach of the these terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you accept these terms.

You agree not to use the service for any commercial, business or resale purposes, and we won't have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these terms.

As a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable skill and care, any goods and digital content provided are of satisfactory quality and conform with your contract with us). Nothing in these terms shall have the effect of excluding or limiting those implied statutory warranties which may not be excluded or limited under applicable law.

We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any other liability which may not be limited or excluded under applicable law.

Nothing in these terms shall affect your statutory right as a consumer under mandatory law. In the event that a provision of these terms is found to be invalid or unenforceable, the other provisions of these terms shall remain in force.

Amendments to the terms or features and content of the service and the product
We may amend these terms at any time by notifying you of the amendment (which we may do by posting the new terms on our website).

We constantly develop our service and products. This may include, for example, trying out and testing of new features. We have the right to deliver and operate the service as we deem best and to change the features and content of the service or remove parts of them. We have the right to automatically update the service software and change the settings. We may notify you of such changes on a case by case basis as we in our sole discretion deem appropriate. The changes will take effect immediately as they are made.

Discontinuation of the service
We have the right to discontinue the service or any individual service or feature or part of it at any given time without specifying any reason.

Notice and takedown
If you are a rights owner (or acting on behalf of a rights owner) and believe that any content on the website or service infringes your copyright, you must provide us with a written notice which states:

  1. that you are the rights owner or are authorised to act on the rights owner's behalf;
  2. that you have identified content on the website or service which infringes your copyright (or infringes the copyright of another person on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the content in the manner complained of is not authorised by you, the rights owner's agent or by law;
  3. a description of the copyright work that you claim has been infringed which should include, the type of work (such as a photograph or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
  4. a description of the way in which the copyright material has been infringed;
  5. information reasonably sufficient to permit us to locate the content in question on the website or service (including, where applicable, a URL specifying the date the website was accessed and/or a screen shot);
  6. information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details we also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
  7. your electronic or physical signature (which may be a scanned copy); and
  8. that the information in the notification is true and accurate.

Completed notices should be sent to Chief Operating Officer, ROXi, Greenlight Studios, 3 Bravingtons Walk, King's Cross, London, N1 9AJ.

If you believe that we have removed your content in error, you may send us a written counter-notice which states:

  1. details of the content that has been removed or to which access has been disabled;
  2. information reasonably sufficient to permit us to know where the material in question had been located on the website or service (including a URL and/or screen shot);
  3. a statement that you believe in good faith that the material that you have identified has been removed by mistake and your reasons for believing this;
  4. information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address; and
  5. a statement that you agree to be contacted by the person (or an authorised representative of such person) who gave us the notice in the first place.

Completed counter-notices should then be sent to Chief Operating Officer, ROXi, Greenlight Studios, 3 Bravingtons Walk, King's Cross, London, N1 9AJ.

We may disclose your identity to any person who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy or any other law.

Third party services
Our website and service may contain links to other sites and services operated by other people or companies. These sites and services may have their own terms of use and privacy policy or no terms of use or privacy policy at all. We do not endorse or recommend these sites or services in any way. In addition, your interactions with advertisers found on our website or service are between you and such advertiser only and we shall have no liability in relation to any interaction between you and them.

Transfer or assignment
You may not transfer or assign these terms to anyone else without our prior written consent. We have the right to transfer or assign these terms, in full or in part, within our group of companies or to someone else.

These terms are between you and us. No other person shall have any rights to enforce any of these terms.

Applicable law and dispute resolution
These terms are governed by the laws of England and Wales and you agree to the non-exclusive jurisdiction of the English courts.

Processing of personal data
By giving us any personal information or by using our service or the ROXi product, you expressly accept our privacy policy https://buy.roxi.tv/Privacy-Policy and consent to us collecting and using your personal information and data in accordance with the privacy policy.

We may from time to time tell you (including by email) about products and services which we think you might be interested in. For further details, including on how to unsubscribe from such messages, please see our privacy policy https://buy.roxi.tv/Privacy-Policy.

Contact Details
The ROXi product and our music service are offered by Magic Media Works Ltd trading as ROXi. We are incorporated under the laws of England, with company number 09054377. Our registered address is:

Magic Media Works Limited C/O Taylor Rose Ttkw 13-15 Moorgate London EC2R 6AD

Email: support@roxi.tv Telephone: 02070 992 750