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. When you accept them, we give you the right to use our Website. In return, we'll need you to follow these Terms. By accessing or using our Website, you agree to be bound by 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 25 November 2021.
2. How can I contact you?
Please see our Contact Us page for our contact details.
We love to hear suggestions and feedback. However, if you do provide us with suggestions or feedback in relation to our products, then you agree that we will own the intellectual property rights in those suggestions or feedback, together with any improvements we make to our products based on the same.
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 may apply to you:
- Our Age Appropriate Design Policy which sets out Yoto’s approach to the Children’s Code, and children’s data.
- Our Purchase Terms which set out the terms and conditions that apply to your purchase of goods from our Website.
- Our Club Terms which set out the terms and conditions that apply to members of Yoto Club.
- 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 These offers may be withdrawn at any time but the relevant terms will be set out on our Website.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 on using 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.
6. Will the website always be available?
We do not guarantee that our Website or any content on it will always be available or be uninterrupted. 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.
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.
If you do not follow these Terms then we have the right to require you to return or destroy any copies of the content you have created or made.
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 data with?
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.
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.
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.
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.
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 verified or approved by us. The views expressed by other users on our Website may not represent our views or values.
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?
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, 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.
18. Do you monitor my use of the Website?
19. 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.