Yoto Club Terms and Conditions
(for subscriptions/renewals commencing on or after 1 October 2023)
Please read our Terms and Conditions before clicking ‘Accept’. These terms and conditions include a term that you lose your right to cancel once the download has started (although please see term 6 for what to do if there’s something wrong).
YOTO CLUB – TERMS AND CONDITIONS
Please note, these USA Club Terms are effective ONLY for Subscriptions Commencing/Renewing On or After 1 October 2023. If you are on a subscription that commenced/renewed before this date, please refer to the Club Terms here that will apply up and until your next renewal period.
Last updated on 1 September 2023
1. What do these terms cover?
Thank you for signing up to Yoto Club, provided by us, Yoto Limited. These terms (Terms) apply to; your access (as a private individual) to Yoto Club; your use of the Software that powers Yoto Club (Software); the cards you might receive and the content you may have access to as part of your membership to Yoto Club (Cards); and any documentation that we provide to you.
In these terms, we sometimes refer to Yoto Club and the Software together as the "Services".
We've tried to make these terms easy to read and understand — avoiding jargon wherever we can. Please read them carefully because they're legally binding. When you accept them, we give you the right to use our Services. In return, we'll need you to follow these Terms.
2. How does the subscription and payment work?
Yoto Club offers a monthly and annual subscription plan. Each plan may consist of an initial period for which there is a one-time charge, followed by recurring periodic charges as agreed to by you when you sign up for Yoto Club. Unless and until you cancel your subscription, the subscription will be automatically extended for successive renewal periods of the same duration you initially selected (monthly or annually), at the then-current non-promotional rate. If you cancel, your subscription will not be renewed after your then-current subscription term expires.
By subscribing to the Yoto Club, you acknowledge and agree that there is an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation. You agree that we may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (with confirmation by us) that you have terminated this authorization or wish to change your payment method.
A Yoto Club subscription provides a number of benefits, this can include discounts on purchases and free domestic shipping. For details of where we do or do not ship to, please refer to our Delivery & Returns page. Benefits may be subject to change but if they do, we will keep you informed.
Yoto Club subscription purchased at Yoto Club is only available to ship within the USA.
3. How can I contact you?
Please see our Contact Us page for our contact details.
4. How will you contact me?
If we have to contact you we will do so using the email address registered against your account.
5. When can I access new content in the Yoto App?
You can access new audio content as soon as it is available in the Yoto App – but please see “I’ve changed my mind, can I cancel?” below.
We will supply the digital content to you until your subscription expires or if you or we end the contract as described below.
6. I’ve changed my mind, can I cancel my first order?
For digital content: You may only cancel your first months’ subscription prior to credits being allocated to your account. After the first download begins, any cancellation by you will apply on a going-forward basis for your Yoto Club subscription. In other words, you will have redeemed your first credit and your cancellation will be effective the following month.
For physical cards delivered to you: Please see our Purchase Terms.
7. How do I cancel my subscription?
Your subscription will remain in effect (auto renew), and you will continue to be charged the applicable subscription rate for the same subscription duration (monthly or annually), unless and until you cancel your subscription.
You can elect to stop your subscription from auto-renewing at the end of your then current subscription period (for monthly or annual subscriptions), at any time by logging into your Yoto account.
Cancellation of a subscription must be made at least 72 hours before your scheduled billing date to be applied.
**Please note if you do so, on expiry of your subscription period, benefits of Yoto Club i.e. free shipping will cease; credits may still continue to be used if they are within their 12 month period of validity. **
If you wish to cancel your subscription access entirely, prior to your subscription period renewal date (i.e. before the end of your subscription month or your subscription annual term), you can do so by Contacting Us. Please note if you do so, upon such cancellation, all of your available credits and all other benefits of Yoto Club i.e. free shipping, will cease immediately.
Credits are not refundable once issued, on either monthly or annual subscriptions.
By signing up for a membership, you acknowledge and agree to this.
8. How does Club work?
Monthly Club subscribers who subscribed before 1 September 2022 will be charged on the 1st day of each month. All monthly subscribers after that date will be billed on the same day each month following subscription.
Annual Club subscribers who subscribed before 1 September 2022 will be charged for the year up front on the 1st day of each month. All annual subscribers after that date will be billed on the anniversary of the subscription date.
Once successful payment is made:
- Monthly subscribers will be issued 2 credits to their Yoto Club account and each monthly renewal period thereafter whilst the subscription is live, subject to any change to these Terms at time of renewal.
- Annual subscribers will be issued 2 credits per month to their Yoto Club account for the annual term, which will continue upon renewal, subject to any change to these Terms at time of renewal.
- All Club Credits are valid for 12 months from each issuance to a Yoto Club account and can continue to be used even after a subscription has been cancelled (see above re Cancellation) or not renewed:
- For example, an Annual or Monthly subscriber receives 2 credits on 1 January (and for monthly subscribers, each month thereafter if the subscription is renewed each month). The credits received on 1 January, will be valid until 31 December that year. In February (month two), 2 new credits will be applied to that account and can be used up to 31 January the following year.
- Credits not used by their expiry date, will expire and can no longer be redeemed.
- We will send timely reminder emails to ensure you know when expiry is to happen, so you will have time to use them.
All other Club benefits (i.e. 10% discount, free shipping) can only be used when a subscription is live.
**You will not receive a refund for any credits not used prior to expiry of your credits (valid for 12 months from issuance to your Yoto Club account). **
Credits can only be redeemed against cards labelled as part of the Club selection in the Yoto cardstore.
After you have redeemed a Card with your credit, the Card will download in the Yoto app on your account, giving you digital access to the Card; the physical card will be delivered by postage thereafter.
9. There’s something wrong – what are my rights?
Outside of being able to change your mind, your right to cancel will depend on whether there is anything wrong with the Services, whether we are at fault and when you decide to end the contract.
If the Services are faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back).
If you are ending a contract for a reason set out at (1) to (5) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Services or these Terms which you do not agree to;
- we have told you about an error in the price or description of the Services and you do not wish to proceed;
- there is a risk that supply of the Services may be significantly delayed because of events outside our control;
- we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
Please see our Purchase Terms for what to do if a Yoto Card is faulty, and your rights.
10. Are there any limits to how I can use Yoto Club?
When you accept these Terms we will grant you a licence that is non-exclusive (meaning we can grant the same licence to all users of the Services) and that is personal to you only (meaning you cannot transfer the licence to anyone else).
When you accept these Terms, you agree not to:
- access our Services so that you can build a product or service that competes with Yoto Club;
- commercially exploit our Services without our written permission, this includes licensing, selling, renting, or leasing parts of our Software;
- copy parts of our Software, or create new software that's based on our Software;
- access or tamper with areas of Yoto Club that aren't public, or try to get around the measures we have in place to protect these areas;
- use our Services to store or distribute any malicious software (like viruses, trojan horses, worms, or malware); use our Services to store any material that's unlawful, harmful, or offensive; or
- break the law when using Yoto Club.
Intellectual property rights
When we say "Intellectual Property Rights", we mean any patents, copyrights, moral rights, trademarks, business names, domain names, designs, software rights, or confidential information that we hold and or which are licensed to us. We also mean any other intellectual property rights (registered or not registered) that we hold now or will hold in the future.
We own or otherwise have rights to all Intellectual Property Rights to our Services, and these Terms don't give you any of these rights.
When we give you access to the Services we give you a limited, non-exclusive, revocable, licence to access and make personal, non-commercial use of the Services. This means you can only use the Services, including any content on our app, website or in materials we might send you (Content), for your own private use and consistently with our Website Terms. You are not permitted to make any copies or use the content in any other way without our consent.
Your right to access our Yoto Club does not include any right to:
- modify, alter, reproduce, copy or resell any Services or Content;
- create additional translations of any Services or Content;
- create any other derivative work from the Services or Content;
- use any part of the Services or Content for commercial purposes, including promotional use;
- delete or augment the Services or Content;
- rent, loan, lease, sublicense or transfer the Services or Content to third parties;
- bypass any measures used by us or our partners to prevent or restrict access; or
- upload, post, reproduce or distribute Services or Content in any way.
11. Can I upload content as part of using the Services?
You must only upload content to our Website that you own or otherwise have the right to use.
You must not upload any files or content to the Website which violates applicable law or is harmful or otherwise inappropriate.
If you upload any content as part of using the Services then you agree that we and any of our other users will have a licence to use, store and copy that content for free.
If a third party claims that any content breaches their intellectual property rights or rights to privacy then we have the right to disclose your identity to them.
12. Can you or I transfer these Terms to someone else?
In the future, we might transfer the rights and obligations we have under these Terms to another company, provided it doesn't materially affect your rights.
You can't transfer your rights or obligations under these Terms to anybody else. This is because these Terms are personal to you — and nobody else is entitled to benefit from them.
13. What happens if these Terms or the Services change?
We'll do our best to keep you up to date when we're making changes to our Services. We can change, update, pause, or discontinue any or all of the Yoto Club features at any time. We will provide you notice of any material changes to the Services.
As we grow and improve Yoto Club, we might need to introduce new terms relating to that feature. We might do this by uploading a new version of the Terms to our website, with a date to show when we uploaded them or provide them separately to these Terms. If we provide them separately, you'll need to agree to those terms before you can use the feature.
If you carry on using our Services after we make changes to the Terms, it means you've agreed to them. The new version of the Terms will replace the old version.
14. What happens if the Services crash or there is an error with Yoto Club?
While we hope you'll love Yoto Club, we can't guarantee that it'll meet your needs. We also don't guarantee that the service will always be available or free from errors. From time to time, it's possible that your access to Yoto Club via our Services will be interrupted. If this happens, we won't be responsible for any loss or damage that comes about as a result.
We take steps to preserve your data and protect its integrity. These steps include replicating the data to protect against hardware failure, and where possible, taking regular backups. We won't be responsible for loss of your data, or any corruption to it.
15. What happens if I don’t follow these Terms?
If you don't follow the Terms we've set out, we can remove your access to Yoto Club straight away. This means that you'll no longer be able to access your account, and you won't be allowed to open a new account in the future.
We can also remove your access to all or parts of Yoto Club without giving you a reason. If we want to do this, we'll provide you with at least 30 days' notice.
16. What happens if you don’t follow these Terms?
If we don't follow these Terms, then we'll be responsible for the part of any foreseeable loss or damage that you suffered that was caused by us. In addition, even if we don't follow these Terms, we won't be responsible for any loss or damage that isn't foreseeable. When we say "foreseeable", we mean that:
- it was obvious that it would happen; or
- at the time we made this agreement, we and you both knew that it might happen.
Currently our Services are provided for personal use by individuals only. This means that, even if we don't follow these terms, we're not responsible for any business interruption, or loss of business earnings or opportunities.
To be clear, we don't limit our responsibilities to you where it wouldn't be lawful. For example, we don't limit our responsibility to you when we've breached your consumer rights. We also don't limit our responsibility to you when we've caused death or personal injury due to our negligence.
17. Do you monitor my use of Yoto Club?
18. What laws apply to these Terms?
These Terms are governed in all respects by the laws of the State of New York, without regard to its conflicts of laws principles. The state and federal courts in or near New York will have exclusive jurisdiction over any claim relating to these Terms. You and we expressly waive: (i) any and all rights to bring any action in or before any other court, and (ii) any and all objections to the venue, including, without limitation, the inconvenience of such forum.