Terms and Conditions

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 Services and the various ROXi Products. Where we run promotions and other campaigns, extra promotional campaign terms and conditions may also apply.

By downloading, purchasing, subscribing to, activating or using the ROXi Products (which includes but is not limited to the ROXi Music TV App, ROXi Smartphone Companion Ap, our Websites, the ROXi Console, other ROXi branded devices and/or the ROXi Music Services) you agree to these terms. If you do not understand or do not accept any part of these terms, then please do not use the ROXi Products.

The ROXi Music Service

The ROXi Music Service gives you access to some great on-demand music content including music videos, channels, karaoke and music games. Please understand that you are not able to use the ROXi Music Service without either our Music TV App or one of our ROXi branded physical devices.

To access the ROXi Music Service, you either need to download and/or use our Music TV App on (a) your Smart TV or (b) your TV Set-top box with TV or (c) on our Console product using a TV and internet connection.

We may change the content, features, design, and price of all or any of the ROXi Products in any territory from time to time without notice. All prices are inclusive of VAT where applicable.

Free Music TV App - Free Standard Plan

When you first download or use the Music TV App you will have the option of joining the Music Service for free simply by providing your email address. This provides you with immediate access to the free ad-supported ROXi Standard Plan, meaning that you have access to a wide range of content and features noting we may serve advertisements to you while you access the Music Service in this mode and also noting that some Premium features will be limited or disabled in this mode.

Free Karaoke Mic

In some cases, we may give you the opportunity to receive a ROXi Karaoke Mic for free. The ROXi Karaoke Mic includes an amplifier and speaker and works without any set-up. We will ask you to pay for shipping if you take up this offer. In the UK, shipping costs £1 (which is less than the real cost of shipping).

We may also offer you the opportunity to purchase Additional Microphones or to upgrade to Express Delivery in which case there may be an additional, optional, charge.

ROXi Premium Plan

We offer a ROXi Premium Plan which includes all the content and features ad-free without restrictions for a monthly fee. If you do take up this service, you may cancel at any time, in which can will return to the free ROXi Standard Plan.

Console Music Service Plans

If you purchase or activate a Console you will find it comes with a free one-year Premium Music Pass providing ad-free access to all the key features of the Premium Plan without ads.

The entitlement will start from the date the Music Pass is activated on the Music Service.

At the end of your initial Music Pass entitlement, the Music Service will automatically move to the ad-supported ROXi Standard Plan, meaning that we may serve advertisements to you while you access the Music Service and listen to music plus some Premium features will be limited or disabled. If you really loved the Premium version of the Music Service, you may optionally purchase additional Music Passes, allowing you continued access to the ad-free, on-demand, Premium version of the Music Service for a certain period of time (typically 12 months) in exchange for a one-off fee (typically £52 per year), or on a monthly basis (typically of £6.99 per month) which automatically renews.

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.

Monthly Billing

In the case of any monthly renewing subscription you will be asked to pay a fee each month in advance for access to the Music 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. If you cancel it will always cancel from the first day of the next billing period, meaning you continue to have access until then.

Ordering with us and cancellation

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 have done so. All delivery times 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 some instances, we offer you the ability to pay for the ROXi physical device in instalments. If you accept this offer you must complete payment of all instalments and we retain title in the physical device until such time as all instalments have been paid.

Cancelling your order of the product

If you change your mind, then don’t worry. For Console 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 you agree that you lose 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 ROXi 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 personalised.

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 activated the Music Pass and you agree 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 by giving us or the retailer, as appropriate, no less that 7 days’ notice prior to the expiry of your then current month’s subscription in which case the subscription will terminate at the current month-end, and failing which the subscription will terminate at the end of the following month.

For the avoidance of doubt payment for a ROXi physical device in instalments is not the same as the periodic subscription described above. Unless you exercise your right to cancel in the initial 14 day period referred to above, you must complete payment of all instalments failing which we are entitled to terminate your access to the Music Service and to require return of the device at your expense.

How to cancel

To cancel your purchase of the ROXi Product, please get in touch via our Customer Support site. 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 in accordance with these terms, 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 physical 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 Music 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 ROXi 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 contact us 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 ROXi 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 ROXi 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 ROXi Products, you will be notified that the returned ROXi Products cannot be accepted and you may choose to have the ROXi Products re-delivered to you. If you do not accept re-delivery we may retain the ROXi Products and the purchase price and recover our fees and expenses from you. With respect to ROXi 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 ROXi 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 and subject to the terms of our instalment payment plan if you select this option. 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);
  2. The voucher may be subject to unique terms specific to the associated offer;
  3. The voucher cannot be exchanged for money;
  4. You may not use more than one voucher per order;
  5. The voucher can be applied only to one item per order; and
  6. The voucher can be applied only to items with a higher or equal value to the voucher itself.
  7. 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 voucher will be returned to its original value.

Using the Music Service

The Music Service can only be accessed using the Music TV App with your compatible device.

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 Music 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 Music 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 available. As such you must be 18 to use the Music Service although family protect options are available in Settings.

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 Music 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 Console and Music TV App and Music Service in the country in which you have established your account. Due to rights restrictions, you will not be able to establish your account or access the Music Service in any country outside of our territories of operation, which may change over time.

Disruption to the Music Service

The quality of the Music 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 Music 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 Music 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 Music 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 Music 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 Music 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 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.
  5. 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 Music 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 an 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 Music Service for any illegal or unlawful purpose;
  7. alter, adapt, modify, copy or create a derivative work from the content on the Music 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 Music Service or use the website, app or Music Service in any other manner that could damage, disable, over burden or impair the website, app or Music Service;
  12. use the Music Service or the ROXi product other than as expressly permitted by these terms and as permitted by the normal functionality of the Music Service and the 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 Music Service (or the content on it) or the ROXi product; or
  15. use the Music 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 that we consider is necessary to protect the Music Service and its users. We may: (a) withdraw your right to use the Music 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 all related intellectual property rights) in our website, apps, Music Service, Music TV App and/or ROXi Products, including any designs, Trademarks, Registered or Unregistered Designs, 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 Music 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 Music 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 Music 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 Music Service is carried out with reasonable skill and care and that 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 Music 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 Music Service and ROXi products. This may include, for example, trying out and testing of new features. We have the right to deliver and operate the Music Service as we deem best and to change the features and content of the Music Service or remove parts of them. We have the right automatically to update the Music 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 Music Service

We have the right to discontinue the Music 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 Music 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 Music 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 Music 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 with a copy sent to William.morgan@magic.works

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 Music 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 with a copy sent to William.morgan@magic.works

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 Music 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 Music 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 Music Service or the ROXi product, you expressly accept our 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 ROXi products and Music Services which we think you might be interested in as well as update you on information relating to the ROXi Music Service. For further details, including on how to unsubscribe from such messages, please see our privacy policy below.

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 Mw, 69 Carter Lane, London, United Kingdom, EC4V 5EQ

To find out more or get in touch with us, please visit our Customer Support site.