Yoto Club Terms and Conditions

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


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.

We last updated these terms on 24 September 2021.


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.


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 using the email address registered against your account.


5. When can I access new content in the Yoto App?

We will supply the digital content to you until your subscription expires or if you or we end the contract as described below.

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.


6. I’ve changed my mind, can I cancel my first order?

For digital content: You may only cancel your first order prior to the first download of digital content under that order. 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 be charged for your first order 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, 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 stop your subscription at any time by logging into your Yoto account. If you cancel before the 12th of the month, then you will not be charged again but will still be able to access your account until the end of the month. If you cancel after the 12th, then you’ll be charged for the final time on the 15th of the month and will be able to access your account until the end of the next month.

If you are on an Annual Subscription Plan you may be eligible for a partial refund. Please be aware that by cancelling your annual subscription prior to the end of the applicable subscription term, you will lose eligibility for any annual discounted subscription rate. Therefore, any refund will be calculated on a pro-rata basis following a deduction for time elapsed at the then-applicable, non-promotional monthly subscription rate.


8. 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.

Digital Content

  • 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 (a) to (e) 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:
      1. we have told you about an upcoming change to the Services or these Terms which you do not agree to;
      2. we have told you about an error in the price or description of the Services and you do not wish to proceed;
      3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
      4. 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
      5. you have a legal right to end the contract because of something we have done wrong.

Physical Cards

Please see our Purchase Terms for what to do if a Yoto Card is faulty, and your rights.


9. Are there any limits to how I can use Yoto Club?

Your licence

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.

10. 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.


11. 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.


12. 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.


13. 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.


14. 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.


15. 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.


16. Do you monitor my use of Yoto Club?

To keep Yoto Club safe and running smoothly, we keep an eye on how people are using our Services and take action when we need to. You agree that we can monitor your use of Yoto Club to make sure you're not breaking our Terms. We'll always do this in line with our Privacy Policy.

To learn more about how we'll use your personal information, please read our Privacy Policy.


17. 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 venue, including, without limitation, the inconvenience of such forum. 

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