Yoto Club Terms and Conditions

For subscriptions starting on 17 September 2024 These Terms and Conditions apply to Australian subscriptions starting on or after 17 September 2024.**** Please note the Collector and Collector+ subscription tiers are currently available for residents in Australia, New Zealand, Hong Kong, Singapore only. ****

About these Terms and Conditions

This agreement is between you and Yoto Limited, with company number 09542062 and registered address of 124 City Road, London, England, EC1V 2NX (Yoto, we or us) and covers your use of Yoto Club, our audio content subscription service (Service). By using Yoto Club, you and other members of your family who use Yoto Club accept these Terms and Conditions. Any children under 18 years of age accessing and using Yoto Club must only do so with the consent and/or supervision of an adult.

Any capitalised terms have the meaning given to them in the Website Terms of Use or as described on https://au.yotoplay.com/ (Website).
**What is Yoto Club and how does it work? ** Where applicable, the 3 tiers of subscription plans for Yoto Club are:
Explorer: This includes access to Yoto Originals digital content (excludes licensed content purchasable stand-alone in digital format).
Collector: This includes Explorer access, 1 Yoto Club Credit credited to your account every month, or 12 Yoto Club Credits credited to your account annually. Yoto Club Credits are redeemable on applicable Yoto Cards and Yoto Card Packs. Other benefits may include free shipping (domestic only) and discounts on purchases from time to time.
Collector+: This includes Explorer access, 2 Yoto Club Credits credited to your account every month, or 24 Yoto Club Credits credited to your account annually. Yoto Club Credits are redeemable on applicable Yoto Cards and Yoto Card Packs. Other benefits may include free shipping (domestic only) and discounts on purchases from time to time.
**Note: **Some Yoto Club subscription tiers may not be available in your region just yet. Yoto Club Credits can only be redeemed for physical Yoto Cards and not digital Yoto Cards, have no cash value, are not transferable and are not refundable.
*Disclaimer: Please note that benefits may be subject to change at Yoto’s sole discretion, at any time during a subscription period.

We reserve the right to add or remove digital content through Digital Club access or physical Yoto Cards in our cardstore, as part of Yoto Club at any time due to various factors such as licensing restrictions, content moderation, or technical issues. Please note that we do not guarantee the quantity or availability of specific content through Yoto Club or within any subscription plan.

When and how will I be charged?
All Yoto Club subscription plans come in monthly and annual options. When you sign up, you’ll be charged straight away based on the fees stated at the time you sign up and as listed on our Website, and then billed periodically based on your chosen plan. Monthly members will be charged on the same day each month and annual members will be charged on the same date each year. Your payment for Yoto Club will be made using the payment method you used when you purchased Products on the Website.

Your subscription will renew automatically for the same period as your initial subscription (unless you cancel via your account), with charges at the current, non-promotional rate (including any applicable taxes). Cancelling means your subscription won’t automatically renew after the current term.
If you do not cancel your subscription then you are authorising us to charge your chosen payment method. If there’s a problem with your payment, we’ll notify you via email to update your payment method and attempt the payment again. If we’re not able to resolve a payment problem, your subscription will be automatically deactivated. You can reactivate your Yoto Club subscription at any time by purchasing a new subscription at the current price.
When do I get access to the digital content?

For all 3 tiers of Yoto Club, you’ll gain access to the digital content collection on subscription. You can enjoy digital content in physical format by adding the content to your library in the Yoto App, connecting to a MYO card or playing via the Yoto App. You’ll also get access to new Yoto Club audio content as soon as it’s available in the Yoto App.

We’ll continue to provide access to digital content until your subscription is terminated by either you or us.
How do Yoto Club Credits work?
Monthly subscribers will receive Yoto Club Credits each month (1 or 2 depending on your tier). Annual subscribers will receive all annual subscription Yoto Club Credits upfront at the start of the subscription period and upon renewal (12 or 24 depending on your tier).
If you are logged into your account, you will be able to see how many Yoto Club Credits you have available to redeem.
Remember: Yoto Club Credits can only be redeemed against Yoto Cards labelled as part of the Yoto Club selection in our card store.
When you select your Yoto Cards and add them to your shopping cart, the Yoto Club Credit/s will automatically be applied and deducted from your total amount due for payment.
Once you have completed your transaction to redeem Yoto Club Credits, the content will automatically appear on your account in the Yoto App, granting you instant digital access. The physical Yoto Card will then be delivered by mail to the address provided when you place your order.
Any Yoto Club Credits not redeemed in a subscription period will roll over to the next subscription period, but only where your subscription is renewed.

If you cancel your Yoto Club subscription, we will send you reminders that your Yoto Club subscription is due to expire at the end of your current subscription period; you are responsible for ensuring you redeem any unused Yoto Club Credits before they are removed from your account. You will not receive a refund for any Yoto Club Credits not used when you cancel your subscription.

Please ensure to use any unused Yoto Club Credits before your subscription ends.

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

We own or have rights to all intellectual property to Yoto Club, the Yoto Website and App. By joining Yoto Club, we grant you a personal, non-transferable and non-exclusive licence (meaning we can grant the same licence to other members of Yoto Club) to use Yoto Club.
When you accept these Terms and Conditions, you agree not to:
- build a product or service that competes with Yoto Club,

• commercially exploit our Service without our express, written permission,
• engage in fraudulent activity with any third party,
• create multiple Yoto Club subscriptions or use content for commercial gain,
• transfer your Yoto Club subscription to another person,
• ship Yoto Cards to non-domestic premises,
• sell Yoto Cards through unauthorised channels,
• resell Yoto Cards at overly inflated prices to the detriment of other customers,
• copy or create new software based on Yoto Club, the Yoto Website or App,
• transfer, copy, modify, reproduce, or resell any content,
• access or tamper with non-public areas of Yoto Club or attempt to circumvent our protective measures,
• use Yoto Club, the Yoto Website or App to store or distribute malicious software or unlawful content,
• break the law when using Yoto Club, and
• engage in any other activity that is harmful, deceptive, or otherwise not expressly mentioned above, which compromises the integrity, security, or functionality of Yoto Club, the Yoto Website, or the App.
  You must only upload content to our Website that you own or have permission to use. Do not upload any files or content that violate the law or are harmful or inappropriate. By uploading content, you agree that we and our users can use, store, and copy it for free. If someone claims that your content infringes on their intellectual property or privacy rights, we may share your identity with them.
  To keep Yoto Club safe and running smoothly, we monitor usage to ensure compliance with these Terms and Conditions. By using Yoto Club, you agree to this monitoring, which we’ll always do according to our [Privacy Notice.](https://au.yotoplay.com/legal/privacy-policy)

Your breach of these Terms and Conditions

We value our Yoto families and want to ensure a positive experience for everyone using Yoto Club, the Yoto Website or App. To maintain a safe and welcoming community, we kindly ask that you follow these Terms and Conditions. If you violate these Terms and Conditions, we may need to deactivate your account to protect the integrity of our Service. This means you would lose access to your Yoto Club account and any Yoto Club Credits on your account, and we may not allow you to create a new Yoto Club account in the future.

We can also restrict or terminate your access to some or all features of Yoto Club without giving you a reason, if necessary. If we decide to take this step, we’ll give you at least 30 days’ advance notice.

Issues with Yoto Club, the Yoto Website or App

We hope you’ll enjoy using Yoto Club, but it’s important to understand that it may not meet all your needs. We can’t guarantee that the Service will be uninterrupted or error-free. Occasionally, you may experience disruptions accessing Yoto Club, the Yoto Website or App. We won’t be liable for any losses or damages resulting from these interruptions.
To keep your data safe, we take precautions such as replicating it to prevent hardware failures and regularly backing it up whenever possible. However, we can’t guarantee the safety of your data or prevent any corruption that might occur.
Cancelling your order

You can cancel your subscription within 14 days for a full refund. However, when you subscribe and make payment, you agree to these Terms and Conditions, and you allow us to provide the digital content immediately. This means that once the download or streaming of digital content starts, you waive your right to cancel your subscription and you won’t be able to cancel or receive a refund. If you choose to not renew your subscription, at the end of that subscription period, you will lose access to the digital content and any remaining credits in your account.
Cancelling your Yoto Club subscription

Your Yoto Club subscription will keep renewing for the same duration as your initial subscription, unless you choose to cancel it. Charges will be at the current, non-promotional rate. You can easily stop automatic renewal anytime by logging into your Yoto Club account through the Website or App. If you’re an annual subscriber, we’ll send you a reminder 30 days before your renewal date. To avoid being charged, please cancel at least 72 hours before your billing date.

Cancelling your subscription means you’ll lose benefits like free shipping, discounts on purchases, and any Yoto Club Credits you have. Remember, once Yoto Club Credits are issued, they can’t be refunded and must be used before your subscription is cancelled or terminated otherwise, they expire.
Your rights

Nothing in these Terms and Conditions limits, modifies, or excludes any consumer rights you have under the Australian Consumer Law or any rights or remedies that may not be waived or limited by contract.
If there’s a problem with Yoto Club, your rights with regards to your subscription depends on what’s wrong, whether it’s our fault, and when it happens.
You have options if our Service is faulty or isn’t as described. You can:

• cancel your Yoto Club subscription and get a refund for any unused portion,
  - have the Service resupplied,

• keep your Yoto Club subscription and get compensated for the difference in the Service received and the subscription price you paid, or

  
  

• have the issue fixed.
  - You can immediately cancel your subscription and get a full refund for your current subscription term for these reasons:

  
  

• if there are unacceptable upcoming changes to Yoto Club or these Terms and Conditions,

  
  

• errors in our pricing or description of the Service,

  
  

• significant delays to the Yoto Club Service because of uncontrollable events,

  
  

• if Yoto Club, the Yoto Website or Yoto App is suspended for over 14 days due to technical reasons, or
  - if you have a legal right to cancel because of our fault.
  If a Yoto Card does not work as described, we can choose to pay you the cost of replacing the card, we can supply an equivalent card or repair the card or pay you the cost of supplying an equivalent card or repairing the card.

Subject to the provisions of the Australian Consumer Law, our total aggregate liability under or in any way connected with these Terms and Conditions or otherwise in connection with or in any way relating to Yoto Club, is otherwise limited to the total amount you have paid to us for the Service that is the subject of the relevant claim.

Yoto’s breach of these Terms and Conditions
If we fail to comply with these Terms and Conditions, Yoto will be liable for any foreseeable losses or damages you suffer as a direct result of our non-compliance. By “foreseeable”, we mean it was either an obvious consequence or something that both you and Yoto understood could potentially happen when entering this agreement. We will not be responsible for any unforeseeable losses or damages.

Yoto Club is intended for personal, non-commercial use only. Therefore, we can’t be held liable for any business interruption, lost earnings, or missed opportunities, even if we breach these Terms and Conditions.
To be clear, we don't limit our responsibilities in cases where doing so would be unlawful. Specifically, we don’t limit our liability for breaches of your consumer rights or for instances of death or personal injury caused by our negligence.
Changes to Yoto Club
We'll do our best to keep you up to date when we're making changes to our Service. We can change, update, pause, or discontinue any of the Yoto Club features at any time. We won’t give you any notice beforehand if the changes are minor and don’t negatively impact your access to or use of the Yoto Club, but we'll try to be reasonable and let you know when we can. Where the changes do negatively impact your access to or use of the Yoto Club, we will give you at least 30 days’ advance notice and if you do not like the changes, you can cancel or terminate your subscription.
Changes to Yoto Club Terms and Conditions
As we grow and improve Yoto Club, we might need to introduce new terms and conditions relating to any new features. 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 and Conditions. 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 Service 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. If you do not agree to any new version of the terms, then you can cancel or terminate your subscription.

Assignment

As Yoto grows and evolves, there’s a possibility that we may transfer the rights and responsibilities outlined in these Terms and Conditions to another organisation. However, rest assured that any transfer will be made in a way that does not significantly impact your rights as a user.
Governing law and jurisdiction

These Terms and Conditions are governed by the laws of Victoria, Australia and the courts of Victoria, Australia will have jurisdiction over any claim.