TERMS AND CONDITIONS
The service Play Magix is published by Comparo Media. (Subsidiary of Comparo Media, whose registered
office is located at Tometići 15a, 51215 Kastav, Croatia)
*The service is only available and intended for users who have a SIM card. It is automatically renewed for
successive periods of the same duration.
Financial provisions:
At any time, you can terminate your subscription by sending a request from the number you subscribed with.
Need help during business hours? Just call our customer care phone number.
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These Terms of Service (these "Terms") set forth the conditions upon which Play Magix ("Play Magix",
"us," "our," or "we") offers you the Services.
By registering for an account, you enter into a binding contract with Play Magix and agree to abide by these
Terms.
We may modify these Terms over time by posting updates. You are responsible for reviewing any changes.
Continued use of the service constitutes acceptance of the changes.
1. OVERVIEW
Play Magix provides a subscription service that allows our subscribers to play games, download
applications, ringtones, wallpapers, and fitness content, stream movies and series, and much more (the
"Play Magix Content") on certain Internet-connected devices, including, but not limited to, mobile
phones, PCs, tablets, etc. (each a "Device"). "Services" means the services provided by Play Magix to
you for discovering and accessing Play Magix Content, including all features and functionalities,
recommendations and reviews, on our website available at om-playmagix.com user interfaces, as well as
all Play Magix Content and software associated with our service.
2. ACCOUNT
2.1 Registration. To use the Services, you must have Internet access, a Device, and register for an
account online at om-playmagix.com by going to the site directly, or indirectly by clicking on an
advertising banner on a third-party site promoting the Services (an "Account"). By registering for an
Account, you represent, warrant, and signify that: (i) you have read, understand, and agree to be bound
by these Terms, as may be amended from time to time, (ii) any information you provide to us, both when
you register for an Account and in the future, is and will be true, accurate, current, and complete, and
(iii) you are the owner of the Device.
2.2 Account Information. You are responsible for maintaining the confidentiality of your Account login
credentials and for all access to and use of the Services through such login credentials (whether or not
authorized by you). You may not share your Account with anyone, and you agree to immediately notify us
of any unauthorized use or disclosure of your login credentials by sending an email to Help Page. You
agree to keep your password secure. Play Magix will not be liable in any way if we are unable to
retrieve or reset a lost password. You agree that we may deny access, use, and/or registration
privileges to any Account at any time and in our sole discretion, including if we have reason to believe
an Account was created with false information or otherwise used for fraudulent purposes. If you make
changes to your settings or user permissions within the Services, it may take some time for our system
to process the change and you acknowledge that those changes may not take effect immediately.
3. BILLING
3.1 Fees. You may purchase a paid subscription for the Services from Play Magix or through a third party
as a value-added service, such as your mobile phone carrier ("Mobile Phone Carrier"), and will incur a
recurring subscription fee for the Services, including taxes and possible transaction fees
("Subscription Fees"). You can find details for the Subscription Fees on our website, where we will
explain what fee options are available to you.
3.2 Payment Method. To use the Services, you must provide one or more Payment Methods as requested
during the subscription registration process. You authorize us to attempt a re-charge of the Payment
Method associated with your Account in case where your primary Payment Method is declined or no longer
available to us for payment of your Subscription Fees. You remain responsible for any uncollected
amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise,
and you do not cancel your Account, we may suspend your access to the Services until we have
successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain
fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method.
Check with your Payment Method service provider for details. "Payment Method" means a current, valid,
accepted method of payment, as may be updated from time to time and which may include payment through
your Account with a third party, including without limitation, through a credit card, e-wallet (e.g.,
Google Pay, Apple Pay), or a Mobile Phone Carrier in the case of a value-added service user.
3.3 Mobile Phone Carrier Billing. For more information on Mobile Phone Carrier billing, see our carrier
billing supporting terms.
3.4 Online Payment Billing. For more information on online payment billing, see these supporting
terms.
3.5 Changes to Pricing. We may change Subscription Fees from time to time upon written notice to
you.
3.6 Free Trials. We may offer free trials of the Services to non-subscribers from time to time (each a
"Free Trial"). A Free Trial may be canceled by you at any time during the Free Trial period in
accordance with these Terms. Active subscribers are not eligible for any Free Trials, and if you commit
any of the following wrongful acts, then Play Magix may immediately suspend or terminate your Account in
accordance with Section 12.3 and pursue all remedies available to it under applicable law: (i)
registration of multiple Accounts to access a Free Trial, (ii) deactivation and reactivation of
subscriptions in order to (re)access a Free Trial, or (iii) use of misleading and/or deceptive means or
communications to gain access to a Free Trial. Users are advised that a Free Trial is at the discretion
of Play Magix and that such Free Trials may differ in terms of duration and availability per territory
or type of Services subscribed to. We advise you to read the advertising materials and terms provided
with any Free Trial carefully.
3.7 Refunds. Our company values its customers and strives to provide quality products and services. We
understand that sometimes, customers may need to request a refund for a purchase made through the
Services using an online Payment Method. Refunds for such transactions will be granted in our sole
discretion. If you are not satisfied with your subscription, you may request a refund by contacting our
customer support team at Help Page. We will review your request and notify you of the outcome of our
review. If your refund request is approved, we will credit your Payment Method, less any applicable fees
or charges. In the event that a refund is granted, it may take up to 7-10 business days for the refund
to appear. The amount and form of such refund, and the decision to provide them, are at our sole and
absolute discretion. The provision of a refund in one instance does not entitle you to a refund in the
future for similar instances, nor does it obligate us to provide a refund in the future, under any
circumstances.
3.8 No Retention of Payment Information. At no point does Play Magix collect and store your payment
information, such as credit card details and/or account numbers for online payment methods. We use
leading payment providers who are all PCI-compliant to facilitate all payments hereunder. We cannot
access your payment information and encourage you not to share this information when contacting us for
support. If you have subscribed through your Mobile Phone Carrier, we do not have access to your account
directly associated with the Mobile Phone Carrier and thus, should a refund be granted, you would need
to provide us with your banking details in order for us to refund you directly.
4. CONDITIONS OF USE
4.1 Age Requirement. You must be at least 18 years of age to become a subscriber of the Services.
Individuals under the age of 18 may only utilize the Services with the consent of a parent or legal
guardian, under such person's Account and otherwise subject to these Terms.
4.2 Authorized Use Policy for the Services (“AUP”). The Services, including any content accessed
thereunder, are designed for your personal and non-commercial use. You may use the Services for the
following purposes
4.2.1 Contact Us: We are here to support; whether you call, email, or interact with our Bot friends, we
are ready to assist with any queries you may have.
4.2.2 Interactions with the Play Magix Content: You may use and/or download Play Magix Content within
the confines of these Terms.
4.2.3 Join the Community: Whether you are a gamer at heart or a fitness guru, you are invited to join
our community chat of online subscribers.
4.2.4 Tell a Friend About Us: Though we protect the use and association of our brands, we encourage our
subscribers to spread the word about the Services in a way that encourages new users to join our
community of subscribers.
4.2.5 VPN Use: We are mindful that VPN use is legal in many territories, and although our sites do not
discriminate against such use, we advise that users who use a VPN do so with caution. Please be advised
that some Services, prices, and terms may differ depending on the VPN server used. It is thus the
responsibility of the users to ensure that such VPN usage is turned off when engaging with our Services
to receive the correct Services, prices, and terms
4.2.6 Prizes: The Company states that the games, apps, and content offered are without prizes and/or any
implied 'chance to win' offers. By participating, users acknowledge and accept that no monetary rewards,
physical items, and/or other prizes are associated with our content. To view the full AUP, please click
here.
4.3 Access to Play Magix Content. The Play Magix Content available may vary by your subscription type
and geographic location, and may change from time to time.
4.4 Updates. Play Magix software is developed by, or for, Play Magix and may solely be used for
accessing the Services through Devices. By using the Services, you agree to receive, without further
notice or prompting, updated versions of Play Magix and related third-party software. If you do not
accept the foregoing terms, do not use the Services.
4.5 Quality of Display. The quality of the display of the Play Magix Content may vary from Device to
Device, and may be affected by a variety of factors, such as your location, the bandwidth available
through and/or speed of your Internet connection. You are responsible for all Internet access charges.
Please check with your Internet provider for information on possible Internet data usage charges. Play
Magix makes no representations or warranties about the quality of your experience displaying the Play
Magix Content. The time it takes to begin displaying Play Magix Content will vary based on a number of
factors, including your location, available bandwidth at the time, the Play Magix Content you have
selected and the configuration of your Device.
4.6 Devices. By using the Services, you agree to look solely to the entity that manufactured and/or sold
you the Device for any issues related to the Device and its compatibility with the Services. We do not
take responsibility or otherwise warrant the performance of Devices, including the continued
compatibility with the Services. Play Magix offers a variety of Services and some may be limited to
specific software or hardware requirements, and it is the user's responsibility to check these before
downloading or using the Services.
4.7 Prohibited Use of the Services. We aim to provide safe and user-friendly platforms that serve the
greater digital community promoting games, apps, movies, e-learning, and fitness products to all our
subscribers. We have a zero-tolerance policy towards misuse of the Services and reserve our rights as a
company to take any and all applicable legal actions against subscribers who violate these Terms,
including the AUP, and any other policy, terms or guidelines provided as part of the Services. To that
end, you agree that you will not, directly or indirectly, at any time:
(i) share your Account credentials with anyone unless otherwise permitted by Play Magix, (ii) bypass or
breach, or attempt to bypass or breach, any security device or protection used in connection with the
Services, (iii) interfere with or disrupt the integrity or performance of the Services, (iv) input,
upload, post, transmit, store or otherwise provide to or through the Services any information or
materials that are unlawful or injurious, or contain, transmit, or activate any software, hardware or
other technologies, devices, or means which may permit unauthorized access to, or destroy, interrupt,
disrupt, disable, distort, or otherwise harm or impede the Services in any manner or limit the
functionality of any computer software, hardware or telecommunications equipment of Play Magix, (v)
introduce any harmful code or prevent anyone from accessing or using the Services, including any virus,
bug, Trojan horse, worm, backdoor, malware or other malicious computer code, and any time bomb or
drop-dead device, (vi) access or use the Services in any manner or for any purpose that infringes,
misappropriates or otherwise violates any intellectual property right or other right of any third party,
or that violates any applicable law, or (vii) upload, post, transmit, store, or otherwise make available
content in the Services that is, in Play Magix sole discretion, unlawful, threatening, abusive,
defamatory, misleading, fraudulent, pornographic, sexual or otherwise explicit in nature, constitutes
unauthorized or unsolicited advertising, or that otherwise violates our rules or policies as may be
established or amended from time to time. Any attempt to deliberately impede the normal functioning of
the Services is illegal and we shall have the right to claim for any loss and/or damages caused or
sustained by us. We further reserve our right to file any further applicable legal actions including but
not limited to criminal charges.
4.8 Keep Our Services Safe. Each subscriber plays an important role in maintaining the Services’
safety and upholding our policies and guidelines, so should you see something that you think may violate
our AUP, please help us by reporting issues through emailing our customer support team on Help Page.
4.9 Monitoring. To the maximum extent permitted by applicable law, Play Magix may (but assumes no
obligation to) monitor any electronic communications you make in connection with the Services and may
disclose such information to law enforcement in the event it has a good faith reason to believe it is
necessary for purposes of ensuring your compliance with these Terms, and protecting the rights,
property, and interests of Play Magix or any third party.
4.10 Third Party Apps. Play Magix may use
third party resources to provide certain features or functionality on the Services, including without
limitation, Google, Facebook, Instagram (“Third Party Apps”). Such Third Party Apps may require that
Play Magix present to you certain terms and conditions related to your use of their products. By
accessing and using the Services through such Third Party Apps, you acknowledge and agree to all such
third party terms and conditions. Play Magix does not assume any responsibility or liability for the
availability or accuracy of such features or functionality made available to you via Third Party Apps.
Should you elect to enter into a binding contract with any such Third Party Apps, you agree to hold Play
Magix harmless and hereby release Play Magix from any liability whatsoever, whether arising out of
contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of
accepting or using any features or functionality on the Services that are available from such Third
Party Apps. Each time you connect your Third Party App to the Services, that Third Party App will
present a page that describes the information that Play Magix can access because of such connection. At
any time, you can revoke our access to that information using the respective Third Party App’s security
settings page; however, in the event of such revocation, you acknowledge you may be unable to fully
utilize all elements of the Services.
6. HEALTH AND FITNESS DISCLAIMER
Need help during business hours? Then just call our customer care phone number:
7. NO WARRANTIES
Please make sure that your browser is not using any 3rd-party blocking technologies and you have a
healthy internet connection for swift access to the content
8. LIMITATION OF LIABILITY
These Terms of Service (these "Terms") set forth the terms and conditions upon which Play Magix ("Play
Magix", "us," "our" or "we") offers you the Services. You and Play Magix shall be known collectively as
the "Parties" and singularly as a "Party". By registering for an Account, you are entering into this
binding contract with the Play Magix entity indicated in Section 14.9 (Contact Us) and represent that
you have the authority to bind yourself to these Terms. Please read these Terms and policies carefully.
These Terms and supporting policies constitute the entire agreement between you and Play Magix related
to your access and use of the Services and the provision of any information by you to Play Magix through
the Services. These Terms may be modified from time to time by us posting the updated Terms through the
Services. You are responsible for reviewing the revised Terms and/or any applicable postings. CONTINUED
USE OF THE SERVICES AFTER SUCH CHANGES OR POSTINGS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES OR
POSTINGS. We may change the Services or delete any features or functionality, or any aspect of the
Services, in any way at any time for any reason.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company, our affiliates and each of our and their
respective officers, directors, employees, and agents from and against any and all claims, damages,
liabilities, losses, costs and expenses, including without limitation reasonable attorneys fees, arising
out of or relating to your use of the Services, your breach of these Terms or any applicable law, or
your content. This provision will survive the termination of these Terms and your use of the Services.
10. YOUR CONTENT
10.1 Submissions. The Services may permit you to upload, post, transmit, store, or otherwise make
available content, including but not limited to messages, text, images, graphics, and/or other content
(collectively, "Content"). You are solely responsible for your Content. By making available any Content
on or through the Services, you grant Play Magix, and its affiliates, and their respective partners and
licensees a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, sublicensable,
and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform,
display and create derivative works of your Content for the purposes of operating, promoting, and
improving the Services, and for any other lawful purpose.
10.2 Right to Remove. Play Magix reserves the right to review, remove, or refuse to post any Content at
our sole discretion. You agree that Play Magix is not responsible for any removal or failure to post any
Content, and that Play Magix is not liable for any loss or damage caused by your Content or the removal
of your Content.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 Ownership. The Services, including all content, features, and functionality, are owned by Play
Magix and/or its licensors and are protected by intellectual property laws. These Terms do not grant you
any rights to any Play Magix intellectual property other than as expressly set forth herein.
11.2 License Grant. Subject to your compliance with these Terms, Play Magix grants you a limited,
non-exclusive, non-transferable, revocable license to access and use the Services for your personal,
non-commercial use. This license is revocable at any time, with or without cause, and without
notice.
11.3 Feedback. If you provide Play Magix with any feedback or suggestions regarding the Services, you
grant Play Magix a perpetual, irrevocable, royalty-free, worldwide license to use such feedback or
suggestions for any purpose.
12. TERM AND TERMINATION
12.1 Term. These Terms will remain in effect until terminated as provided in this Section.
12.2 Termination by You. You may terminate these Terms at any time by discontinuing your use of the
Services. Your termination will be effective upon our receipt of your notice or upon your cessation of
use of the Services.
12.3 Termination by Play Magix. Play Magix may terminate these Terms and your access to the Services at
any time, with or without cause, and with or without notice, effective immediately. If we terminate your
access to the Services for breach of these Terms, you will not be entitled to a refund of any fees
paid.
12.4 Effect of Termination. Upon termination of these Terms, all rights granted to you under these Terms
will cease, and you must immediately cease all use of the Services. Termination will not affect any
rights or obligations that have accrued prior to termination.
12.5 Survival. The provisions of Sections 4.7, 4.8, 5, 6, 7, 8, 9, 10, 11, and 12 will survive any
termination of these Terms
13. GENERAL
13.1 Entire Agreement. These Terms, together with any additional terms, policies, or agreements
incorporated by reference, constitute the entire agreement between you and Play Magix regarding the
Services and supersede all prior agreements and understandings.
13.2 No Assignment. You may not assign these Terms or your rights or obligations under these Terms
without Play Magix's prior written consent. Play Magix may assign these Terms without restriction.
13.3 Communications. You consent to receive electronic communications from Play Magix. All notices and
other communications from Play Magix to you will be sent to the email address you provided to us.
13.4 Force Majeure. Play Magix will not be liable for any failure or delay in performing its obligations
under these Terms due to causes beyond its reasonable control, including but not limited to natural
disasters, acts of war, terrorism, labor disputes, and governmental actions.
13.5 Subcontracting. Play Magix may subcontract any of its obligations under these Terms. Play Magix
will remain liable for the performance of its obligations by its subcontractors.
13.6 Notices. All notices to Play Magix under these Terms must be sent to the address provided on the
Help Page.
13.7 Severability; Waiver. If any provision of these Terms is found to be invalid or unenforceable, the
remaining provisions will remain in full force and effect. Failure to enforce any provision of these
Terms will
13.8 Headings. Headings used in these Terms are for convenience only and do not affect the
interpretation of these Terms.
13.9 Contact Us. If you have any questions or comments about these Terms or the Services, please contact
us.