Yoto – Website Terms of Use

1. What do these Terms cover?

Thank you for visiting our website: www.yotoplay.com (Website), operated by us Yoto Limited with company number 09542062 and registered address of 124 City Road, London, England, EC1V 2NX.

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. These Terms govern your access to and use of our Website. By accessing or using our Website, you agree to be bound by and follow these Terms.

If we believe you have not followed these Terms then we have the right to disable your account.

We last updated these Terms on 13 October 2023.

You can find out who we share personal data with on our Privacy Policy.

2. How can I contact you?

Please see our Contact Us page for our contact details.

3. How will you contact me?

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

4. Are there any other Terms I need to be aware of?

These Terms refer to other terms which, depending on our relationship, may apply to you:

  • Our Privacy Policy which sets out how we may use your personal data (in some countries like Australia, personal data is also called personal information).
  • Our Purchase Terms which set out the terms and conditions that apply to your purchase of goods from our Website.
  • Any other terms relating to our referral schemes and incentives. These offers may be withdrawn at any time but the relevant terms will be set out on our Website.

5. What happens if there are changes to your Terms or the Website?

We'll do our best to keep you up to date when we're making changes to these Terms or our Website. We can make changes 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.

If you carry onusing our Website 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 don’t agree to our new Terms, then please cease using our Website.

6. Will the website always be available?

We do not guarantee that our Website or any content on it will always be available, be uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal (which may be by putting a notification on our Website).

7. 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.

8. What are my responsibilities?

Be careful to keep your Yoto login details safe and confidential. 

We accept no responsibility for any loss or damage that might happen as a result of loss or misuse of your Yoto login details or other data by you or a third party.

If you think someone else might have access to your login details you must let us know as soon as you can by Contacting Us.

9. What am I allowed to do on your Website?

We own or have a licence to all the intellectual property rights on our Website, this includes all images, text, music, videos and any other content you might see (Content). All our Content is protected by copyright and other proprietary rights, and we also own registered trade marks in the Yoto name and logo.

Your right to access our Website does not include any right to:

  • modify, alter, reproduce, copy or resell any Content;
  • create additional translations of any Content;
  • create any other derivative work from the Content;
  • use any part of the Content for commercial purposes, including promotional use;
  • delete or augment the Content;
  • rent, loan, lease, sublicense or transfer the Content to third parties;
  • bypass any measures used by us or our partners to prevent or restrict access; or
  • upload, post, reproduce or distribute Content in any way (unless we have given you specific rights to do so elsewhere in these Terms).

You agree that you will not use any Content for any unlawful purpose or in any manner that would, in any way, infringe our intellectual property rights.

All Content on the Website is provided on an ‘as is’ basis, without warranty, representation, or endorsement of any kind. Use of the Website is at your own risk.

If you do not follow these Terms then we reserve the right to require you to return or destroy any copies of the material you have created or made using our Website.

10. What happens if there is incorrect information on our Website?

We will do our best to keep our Website up to date and to check everything is correct, however we cannot guarantee that the Content on our Website is accurate, complete or up to date. The Content on our Website is for general information only and you should do your own research and make an independent decision.

If you do spot any mistakes you can let us know by Contacting Us.

11. What happens if there is a bug or virus on our website?

We cannot guarantee that our Website will be secure or free from bugs or viruses. You are responsible for ensuring you have virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other harmful material. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

12. Who do we share your personal data with?

We may share your personal data (also known as personal information) with the key service providers who help us run our business, as set out in our Privacy Policy.

13. Are you responsible for any linked websites?

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources and we make no guarantee as to the accuracy or security or safety of third-party content, so you should consider and check you are comfortable before clicking on the link. You should also read the third party website terms and conditions to make sure you agree to them.

We reserve the right to receive payment or commission from third-party websites from our Website.

14. Am I allowed to link to your Website?

You may link to the homepage on our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it – for example, you must not suggest we support your website if that is not the case. We reserve the right to require you to remove the link to our Website at any time and for any reason.

Whilst you may link to our home page you must not link to any other part of our Website or frame our Website on any other site. If you are unsure about whether your proposed link to our Website is permitted by these Terms, contact us first before publishing the link on your or any other site.

Please Contact Us if you would like to link to or make any use of content on our Website other than that set out above.

15. Can I upload content to the Website?

If you upload any content to our Website then you agree that we and any of our other users will have a licence to use, store and copy that content for free. We will handle your personal data in accordance with our Privacy Policy.

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.

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.

We are not responsible for any loss or damage you may suffer if any content you upload to our Website is copied, intercepted or otherwise unlawfully accessed or used by another person.

When you provide us with suggestions or feedback in relation to our Website, then you agree that we will own the intellectual property rights in those suggestions or feedback, together with any improvements we make to our Website based on your suggestion or feedback.

16. How do I notify you about content uploaded by other users?

Our Website may include information and content uploaded by other users. This information and content have not been verifiedor approved by us. The views expressed by other users on our Website may not represent our views or values. We will take reasonable steps to review and exercise editorial control where possible but you acknowledge that you use and rely on the other user content at your own risk.

If you have any concerns about content uploaded by other users you can let us know by Contacting Us.

17. What happens if something goes wrong?

Subject to clause 18, if we don't follow these Terms, then we'll be responsible for the portion 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 Website is provided for personal use by individuals only. This means that, subject to clause 18, 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, subject to clause 18, 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.

18. Limitations under Australian Consumer Law

If you are using the Website as a consumer under the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), then nothing in our Terms limits any consumers’ legal rights that may not be waived or limited by contract.

To the maximum extent permitted by law we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

Subject to your rights under the Australian Consumer Law, we are not responsible for any loss or damage, whether direct or indirect, and including loss resulting from use of or access to, or any inability to use or access our Website, loss from reliance on the Content, loss of data, loss of use of data, general or special damages, consequential or incidental loss arising in connection with:

  • your use of the Website or another user’s acts or omissions on the Website;
  • the Website being unavailable (in whole or in part) or performing slowly;
  • any errors, inaccuracies, or omissions in Content or information on the Website;
  • any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website; and
  • any site linked from the Website.

You agree to protect and indemnify us against any claims, losses, costs (including legal costs), expenses, demands or liability relating to:

  • your use of the Website;
  • your breach of these Terms; and
  • any content that you upload, post or make available on the Website,

except to the extent that such costs, losses, expenses and damages were caused by us.

This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

19. Do you monitor my use of the Website?

To keep things running smoothly, we take reasonable steps to keep an eye on how people are using our Website and take action when we need to. You agree that we can monitor your use of our Website to make sure you're not breaking our Terms, understand how our website is being used and to make improvements. We'll always do this in line with our Privacy Policy.

20. What laws apply to these Terms?

These Terms are governed by English law and the English courts will have jurisdiction over any claim. However, if you are accessing the Website from Australia, you have a right to bring a claim in the courts of Victoria, Australia.