Terms & Conditions

  1. Introduction

    This document ("Agreement") constitutes a legally binding agreement and it comprises the terms that govern the end user‘s ("the End User") use of the [NOW Music App] ("NOW Music App"). The NOW Music App is provided by Now That’s What I Call Music LLP ("the Provider").

    The NOW Music App is a subscription service, which the End User must pay to access via a monthly or annual subscription. The NOW Music App is available through a mobile device software application and selected Smart TV devices. For a more detailed description of the functions contained in the available versions of NOW Music App, please visit the webpage located at www.nowmusic.app[NOW Music App]("NOW Music App Website").

    Playlists, songs, parts of songs, images, texts and similar material provided through NOW Music App shall be referred to herein as "Content" in this Agreement.

  2. Terms for accessing NOW Music App

    The End User is required to have read and accepted the terms of this Agreement before the End User may access and use the NOW Music App. In order to use certain functions connected to the NOW Music App the End User is required to have an operating internet connection. The costs of the internet connection and / or mobile connectivity (including all data charges) shall be solely borne by the End User.

  3. Formation of contract

    By clicking the "Sign-up" button when creating a NOW Music App account the End User confirms that:

    1. the End User is at least 18 years old, or that the End User has received the permission of its parent or fiduciary to enter into the Agreement;

    2. all contact details as well as other information registered by the End User are true, accurate and complete;

    3. that End User's residence is in one of the countries in which the Provider provides NOW Music App;

    4. the End User will update such information in order to maintain its accuracy; and

    5. the End User accepts the terms comprised in the Agreement. 

  4. Purchase of a NOW Music App subscription

    Access to NOW Music App is granted when the End User accepts the terms of this Agreement and simultaneously commits to paying the fee that is payable in order to access NOW Music App. The fee that is payable for NOW Music App will be charged in accordance with the payment method chosen by the End User for the purchase. By registering its account card number (when paying with a credit or bank card) the End User confirms that it is authorized to carry out the purchase and confirms that it is the lawful holder of the card. The End User may choose between several different payment methods which are all described in more detail on the NOW Music App Website.

    Price changes may occur and in the event of any change in the price such change will be communicated to the End User before the changes are applied. Price changes will be applied at the earliest at the end of the period that the End User has already been charged for and will thus be applied only for a period that the End User has not yet paid for. Continuous usage of NOW Music App by the End User after a price change will constitute as acceptance and consent to be charged at the new price. If the End User chooses to terminate his/her NOW Music App subscription after such a price change, the Agreement may be terminated in accordance with section 17 of the Agreement.

    To purchase and access NOW Music App generally requires the End User to enter into a new subscription agreement. Such subscription agreement may provide for subscription to the NOW Music App on either a monthly, quarterly (every 3 months) or annual (every 12 months) basis. When the End User purchases a subscription via a payment method that allows for automatic and reoccurring payments (i.e. credit card) the payment will be charged automatically when the payment for the next period lapses.

    All prices on the NOW Music App webpage include VAT as well as all other fees and/or taxes.

    In-app subscriptions charged at £4.99 recurring every month are handled by Apple iTunes In-App purchase. If you take out a subscription in-app via iTunes and wish to cancel you will need to do so in the 'manage subscriptions' setting of your iTunes account.

  5. The Now Music App Service

    The key features of the NOW Music App Service are:

    1. NOW Home: A selection of NOW curated playlists, charts and back catalogue albums and tracks. The length of these playlists will be variable except those that have been customised by NOW;

    2. NOW Radio: A selection of NOW Radio stations based around certain genres and categories of music whereby a tracklist cannot be previewed in advanced, stations will have their tracklists automatically updated throughout the day;

    3. My NOW: An End User may generate a customised NOW playlist based on genre filters, selected by the End User. Once a playlist has been generated, an End User can then customise it by removing the music the End User doesn’t like. New songs automatically replace the removed tracks.

    4. Saved Song: An End User may temporarily save a limited selection of songs for offline listening (meaning that the End User does not require a data or WiFi connection). An End User may swap saved tracks on an unlimited basis during the period of the subscription.

    The NOW Music App reserve the right to change the product features from time to time in its discretion.

  6. Subscription and automatic renewal

    An End User's monthly subscription will automatically renew for another month at the end of each month. This automatic renewal will always consist of one month regardless of the length of the previous subscription. In the case of an End User's quarterly subscription or the End User's annual subscription the End User's subscription will automatically renew for either a 3-month period or a 12 month period depending on the length of the subscription purchased.

    Automatic renewal of an End User's subscription may be terminated in accordance with section 19 in the Agreement and such a termination must take place before the end of the subscription period.

    The Provider reserves the right to modify the terms of the NOW Music App subscription. All modifications will be communicated to the End User in good time before they are applied. Any modifications will at the earliest be applied from the period which the End User has not yet paid for. Continued use of the NOW Music App will be deemed consent of modifications to the terms in the subscription.

  7. Cooling-off Period

    The End User has the right to cancel his/her initial free month long trial period ("Trial Period") of the NOW Music App at any time during the Trial Period. At the end of the Trial Period the Provider may automatically start to charge the End User for subscription of the NOW Music App on the first day following the end of the Trial Period. The End User has the right to cancel any purchased subscription of NOW Music App within 14 days of the purchase of the subscription to the NOW Music App ("Cooling-off Period") but only if the End User has not logged into or otherwise used NOW Music App during the Cooling-off Period. The End User may invoke its right to cancel its subscription to the NOW Music App during the Cooling-off Period by writing to Now That’s What I Call Music LLP, 9 Derry Street, London, W8 5HY or sending an email to support@nowmusic.app.

  8. Intellectual Property

    The Content in the NOW Music App and the Content that is provided through the NOW Music App are owned by the Provider, its licensors or other rights holders and are solely for the End User's private use. Copying, distribution or other usage of such Content is prohibited without the written consent from the rights holders. The End User has no right to commercially exploit, sell, resell, copy, distribute or market the Content or use the Content in a manner that requires a license for public performance. The End User may only utilize the Content on platforms owned or leased by the End User and that support the copyright protection software and/or hardware. The End User may not circumvent the copyright protection software and/or hardware in NOW Music App.

  9. Other Intellectual Property Rights

    The Content provided through the NOW Music App is owned by the Provider, its licensors or other rights holders and is protected in each country according to their respective intellectual property right laws. The Content provided through the NOW Music App may therefore not be used in a manner that is not expressly permitted under this Agreement and the End User confirms that it fully understands this limitation by accepting this Agreement in accordance with section 3 in the Agreement.

  10. Restrictions of the End User’s use of NOW Music App

    The NOW Music App may be used for personal use only. Commercial and public use of the NOW Music App is prohibited. Use of the NOW Music App in a manner that violates the restrictions of rights that govern the NOW Music App Content is prohibited, such uses includes, without limitation:

    1. technically interfering with the NOW Music App to use the NOW Music App or the Content provided through it (including, without limitations, songs, images and text) in any other way than intended;

    2. copying and/or publishing the NOW Music App Content;

    3. recreating, modifying or in any other manner creating derivative works based on Content provided through the NOW Music App;

    4. handing out or providing others with user name or password or use another person's user name or password;

    5. using the NOW Music App in a manner that violates and/or breaches the terms of this Agreement,;

    6. In addition to the above, the End User agrees to undertake reasonable care to prevent unauthorized use of the NOW Music App and its Content.

  11. Reservations of rights by the Provider

    If the End User fails to fulfil the responsibilities under this Agreement, and when such failure is not caused by the Provider, the Provider may in accordance with consumer legislation terminate the End User's access to the NOW Music App.

    The Provider reserves the right to fully terminate the NOW Music App at its own discretion. In the event the NOW Music App is terminated prematurely the Provider shall refund End User any payments charged relating to the period after the NOW Music App was terminated.

    The Provider reserves the right to use information relating to the End User in connection with the development of NOW Music App, for technical service, for internal statistics, and in the continuous internal work in order to improve and market the NOW Music App. This information will not be made available to third parties save for third parties engaged by the NOW Music App to provide analytical and CRM services.

    The Provider will also have the right to gain access to necessary technical information from operators and other network providers in order to provide the current services.

    The Provider reserves the right to communicate with the End User through various marketing spaces present at each respective time through the various platform versions of the NOW Music App.

  12. No warranty

    The NOW Music App is provided on an ‘as is' basis and the Provider reserves the right to modify the functions and the supply of Content with regards to the NOW Music App on a continuous basis.

    The End User uses the NOW Music App at its own risk (including, but not limited to its Content). The Provider does not, to the extent possible in accordance to current legislation, give any warrantees, neither expressed nor implied, regarding the NOW Music App's quality, Content, availability or suitability for a certain purpose.

    Minor technical problems may occur. Regular updates of the NOW Music App will take place.

    The Provider shall under no circumstances be responsible for direct, indirect, temporary or consequential damages (including, but not limited to loss of data, disruptions, computer errors or economic loss) occurring when using or when unable to use the NOW Music App.

    The Provider excludes all liability arising from situations caused by possible technical problems, maintenance, temporary disruptions in music services provided by a third party to which is linked from the NOW Music App, as well as if any of third party's music services are changed with regards to structure or if terminated in whole.

    The Provider also has the right to offer access to the NOW Music App via mobile phone devices that it finds suitable.

    The Provider reserves the right to cease to support certain mobile phone devices that have previously been supported.

  13. Technical limitations and modifications of NOW Music App

    The Provider will do its best in order to keep the NOW Music App running. However certain technical difficulties, problems or maintenance may at times lead to temporary disruptions to the NOW Music App. The Provider reserves the right to at any time, temporarily or permanently, change or discontinue functions and capacities concerning NOW Music App with or without notice.

  14. Customer support

    Should the End User have any questions regarding the NOW Music App or the Agreement the NOW Music App Customer Support service may be contacted. The Customer Support service can be found under "Help" on the webpage.

  15. Assignment

    The Provider is granted the right to assign the Agreement in whole or in part and without any restrictions. The End User is not permitted to assign the Agreement to a third party in whole or in part.

  16. Treatment of personal data

    The End User consents to the Provider collecting and processing the End User's personal data. The End User is advised to review the NOW Music App 's privacy policy which governs Provider's collection and use of personal information provided by the End User.

  17. Indemnity

    The End User agrees that it will indemnify and hold the Provider and its officials, executives, employees and licensors indemnified from any claims or demands (including but not limited to reasonable legal fees) made by a third party on grounds of or following the End User's violation of any of the terms of this Agreement or of laws, regulations or third-party rights.

  18. Term and termination

    The Agreement is entered into and will become effective when the End User, according to section 3, accepts the Agreement or commences using the NOW Music App and will be valid until it is terminated by the End User or the Provider. The End User may terminate its subscription at any point in time through it’s the NOW Music App account. The Agreement will be terminated at the end of the period that the End User has previously paid for (i.e. a month, six months or a year). The Provider will not refund the remaining part of the previously paid subscription fees. The Provider reserves the right to terminate the Agreement or close the End User's NOW Music App account at any point in time when Provider has reasonable suspicion that unpermitted or unauthorized use of the NOW Music App has taken place. If the Provider terminates the Agreement or closes the End User's NOW Music App account based on any of the reasons stated in this section, the Provider shall have no liability or responsibility to the End User and will not refund any fees previously paid by the End User.

  19. The Entire Agreement

    This Agreement constitutes all the terms agreed between the End User and the Provider and supersedes any prior agreements, whether written or oral.

  20. Severability

    If, for any reason, any provision in this Agreement should be held wholly or partially invalid or unenforceable such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions in the Agreement and the application of that provision shall be enforced to the extent permitted by law.

  21. Amendments to the Agreement

    If, for any reason, any provision in this Agreement should be held wholly or partially invalid or unenforceable such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions in the Agreement and the application of that provision shall be enforced to the extent permitted by law.

  22. Disputes

    The terms of this Agreement shall be governed in all aspects by the Laws of England and Wales. Any dispute, controversy or claim arising out of or in connection with this Agreement will be adjudicated solely in the courts of England.

Security & Privacy Policy
Your Peace of Mind

The NOW Music App part of NOW That’s What I Call Music LLP (“NOW Music App” "NOW" "us" or "we") operates the website, www.nowmusic.app ("Website") and the NOW Music Subscription application (the "App") and respects the security and privacy concerns of users of the Website and the App and all its websites and applications. We are notified under the Data Protection Act 1998 (the "Act") and comply with the Act in all our dealings with your personal data.

By using the Website or the App (or both) you agree to the terms of this Privacy Policy. As a general rule and other than via cookies on the Website (see the sections below headed "Third Party Cookies" and "Cookies"), no personal data (i.e. name, address, telephone number, e-mail address) is automatically collected from users of the Website or the App. However, there may be circumstances in which users voluntarily supply such personal data such as at the point of Sign-up and purchase of access to the NOW Music App and in this event, any such personal data will be kept secure and confidential and will be used only for those purposes made known to users at the time the personal data is collected, or for the purposes specified in this Privacy Policy. If applicable, we will also add your registered email address and personal details to our database if you register for updates from the NOW Music App via Facebook Connect.