Yoto Club Terms and Conditions

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.

• 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) on an indefinite basis, at the then-current non-promotional rate (with at least 30 days’ notice describing the changes, where required by law). You can cancel without penalty if you do not agree to an increase in price, for example by giving us notice up to 30 days after the change (where required by law). 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 authorisation 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 within Canada. 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 https://ca.yotoplay.com/yoto-club is only available to ship within Canada.

Please see our Contact Us page for our contact details.

If we have to contact you we will do so using the email address registered against your account.

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.

For physical cards delivered to you: Please see our Purchase Terms.

• 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.

• All monthly subscribers will be billed on the same day each month following subscription.

• All annual subscribers 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.

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:

  • 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.

Physical Cards

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

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.

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.

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.

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 of the Yoto Club features at any time. We don't need to give you any notice beforehand, but we'll try to be reasonable and let you know when we can.

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.

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, unless beyond Yoto’s control.

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.

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 60 days' notice.

NOT APPLICABLE TO CONSUMERS IN QUEBEC AND IN OTHER JURISDICTIONS WHERE THE FOLLOWING PROVISION IS NOT ENFORCEABLE: 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.

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.

Not applicable in Quebec. These Terms are governed by English law and the English courts will have jurisdiction over any claim.