Terms of service.
These Terms and Conditions govern the use of the Binky Bra website and products developed or sold by Binky Bra. Please read these terms carefully before using the Binky Bra website or making an online purchase.
1. Introduction
1.1. The Binky Bra website located at www.binkybra.com (the “Site”) provides online and mobile access to information about Binky Bra product development, products, promotions, customer service, and more.
1.2. These Terms & Conditions govern your use of the Site as well as:
Any applications, services, content, features, technologies, or functions offered on the Site
Binky Bra branded social media accounts and pages
Interactions with Binky Bra Customer Service online or via email
Online purchases of Binky Bra products.
1.3 By using the Site or Service, you agree to be bound by these Terms & Conditions and our Privacy Policy. Do not use the Site or Service if you do not accept these Terms in full.
2. Intellectual Property Rights
2.1 The Site and Service contain original content created by or on behalf of Binky Bra including trademarks, designs, text, graphics, logos, icons, images, and software which is the property of Binky Bra. This material is protected by intellectual property laws including copyright, trademarks, patents, trade secrets, and any other proprietary rights.
2.2 Any and all intellectual property rights related to drawings, images, text, and graphics of any version of the Binky Bra Prototype(s) is the property of Binky Bra. This material is protected by intellectual property laws including patents pending, patents, trade secrets, and any other proprietary rights.
2.2 Binky Bra grants users limited, revocable, non-exclusive license to access and use the Site and Service strictly in accordance with these Terms. This does not grant any license or authorization to modify the Site or Service content.
3. Age Restrictions
3.1 The Site and Service are intended for users 18 and older. Users under 18 should have a parent/guardian permission before providing any personal information to the Site.
3.2 By using the Site/Service, you affirm that you are over age 18 and have the legal capacity to enter into these Terms.
4. User Account
4.1 Certain Site functionality may require user account registration including placing orders, utilizing shopping features, accessing exclusive content or offers, posting reviews etc.
4.2 Users are responsible for maintaining the confidentiality of login credentials and all account activity. You must immediately notify Binky Bra of any unauthorized account use or other breach of security.
5. User Content
5.1 “User Content” refers to any material including text, images, video, or audio posted by users to the Site or as user submissions to Binky Bra.
5.2 You retain ownership rights to your User Content, however by sharing User Content you grant Binky Bra a worldwide, royalty-free license to copy, store, publish, transmit, distribute or display User Content solely to the extent necessary to provide the Site and fulfill related business functions.
5.3 You affirm your User Content will comply with our Acceptable Use Policy below. Binky Bra retains the right to remove or modify User Content in violation.
6. Acceptable Use Policy
6.1 Users may not publish or share content that is illegal, harmful, threatening, abusive, defamatory, obscene, pornographic, promotes violence, contains nudity, promotes discrimination or illegal acts, violates intellectual property rights, is purposely false or misleading, aims to defraud, or violates privacy.
6.2 Do not share personal information about yourself or others including full name, Social Security number, address, phone number, financial account numbers, or any data that allows identity theft.
6.3 Do not promote affiliate links, multi-level marketing schemes, or online giveaways on the Site.
6.4 You agree not to violate any federal, state or local laws when using the Site or Service.
7. Advertising & Promotions
7.1 The Site may contain sponsored content and affiliate links. All advertisements and promotions are managed by third-party advertisers which have their own privacy policies and terms of use. We are not responsible for the content of advertising or promotions.
7.2 Users understand that prototypes, discounts, samples, and promotions offered on the Site are limited in quantity and eligibility. Promotion codes must be used within published expiration dates. Binky Bra reserves the right to retract or modify promotions at any time.
8. Prototype Development
8.1 The Binky Bra is currently in development and may undergo substantial changes before final release.
8.2 The Binky Bra prototypes utilize The Bliss and The Everyday Auden for Target brand bras that have been modified with the Binky Bra pacifier pocket, U.S. Design and Utility Patent pending. These modifications have been made soley by Binky Bra and are not authorized nor approved by Auden or Target. All original trademarks, logos, and intellectual property are the property of their respective owners. Binky Bra is an independent inventor, product developer, and retailer and is not affiliated with, endorsed by or sponsored by Auden or Target. By incentive testing or purchasing a prototype Binky Bra you acknowledge that they have been altered from their original condition by our company.
8.3 By incentive testing or purchasing a Binky Bra you acknowledge that this product is currently under development and may contain limitations or incomplete features. You agree to provide feedback to help improve the product and understand that you assume all risks associated with using a product in development.
9. Purchasing Products
9.1 All Binky Bra product orders placed through the Site are also governed by our Sales Terms and Conditions located below. Please review before making online purchases.
9.2 Product pricing and availability shown online are subject to change without notice including to correct errors. Cart reservations expire after 7 days.
9.3 Binky Bra strives for photography and descriptions to be accurate depictions of products and their features. However, items may slightly differ from their images. Individual product specs are provided for reference but do not constitute a warranty.
10. Sales Terms & Conditions
These additional terms apply when making online purchases:
10.1 General
10.1.1 Online orders may be subject to taxes, customs, duties, brokerage fees, and delivery charges based on your location which are additional to the listed price.
10.1.2. Binky Bra reserves the right to revise pricing to reflect current market exchange rates, duties, and other related charges if applicable.
10.2 Payment
10.2.1 All transactions require a legitimate method of payment. We accept Visa, Mastercard, American Express, and Discover credit/debit cards only.
10.2.2 Card payments are processed via secure checkout powered by Stripe and/or PayPal. Binky Bra does not directly collect or store full credit card details.
10.2.3 You represent having authorization to use the payment method and authorize Binky Bra to charge it for the total amount of your purchase.
10.3 Shipping & Delivery
10.3.1 We will make best efforts to fulfill orders according to the estimated delivery date and time quoted. However, delays may occur during periods of high order volume.
10.3.2 Title and risk of loss transfers to you upon order delivery. Reach out ASAP if an order is not received when expected or appears damaged upon receipt.
10.4 Returns & Refunds
10.4.1 If you are not fully satisfied with your order, returns are accepted within 30 days of receipt for a full refund to your original payment method.
10.4.2 All returned items must be unused with original tags and packaging. Sale items may have modified return policies.
10.4.3 Refunds are processed within approximately 3 business days of receiving the return. Refund timing depends on your financial institution.
10.5 Availability
10.5.1 All online orders are subject to product availability and we cannot guarantee perpetual inventory.
10.5.2 Orders for out-of-stock items may be cancelled or refunded with notice. You will not be charged for items that cannot be fulfilled.
11. Third Party Services
The Site may allow integration with third party apps, widgets, tools, or websites to enhance the user experience. However, we do not control or guarantee functionality of third party materials which are bound by their own Terms and Conditions. Users should carefully review policies before choosing to integrate or utilize third party apps or services.
12. Site Access
12.1 Binky Bra grants you a limited, personal, revocable, non-transferable license to access and make use of the Site and Service using a personal computer or mobile device. Use must be in compliance at all times with these Terms and our Acceptable Use Policy.
12.2 Binky Bra reserves the right to immediately terminate your license and block access to the Site if we determine violations of these Terms, Acceptable Use Policy, or any illegal or improper use have occurred.
13. Disclaimer
THE SITE AND SERVICE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. USE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BINKY BRA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED. THIS INCLUDES ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Limitation of Liability
BINKY BRA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM USE OF THE SITE OR SERVICE OR BINKY BRA PROTOTYPES OR PRODUCTS. THIS INCLUDES LOSS OF PROFITS, REVENUE, DATA, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT, EVEN IF BINKY BRA HAS BEEN ADVISED OF THE POSSIBILITY.
15. Indemnification
You agree to defend, indemnify and hold harmless Binky Bra from and against any third-party claims, damages or costs relating to, arising from or in connection with your use of the Site, Service or violation of these Terms and Conditions.
16. Violations
Binky Bra reserves the right to remove any content or terminate any users who violate the letter or spirit of our Terms & Conditions and Acceptable Use Policy. We also reserve the right to take appropriate legal action including referral to law enforcement.
17. Changes to the Terms
Binky Bra may modify these Terms and Conditions at any time. Updated versions will be flagged on the Site with an “Updated” date. By continuing to access the Site after an update, you agree to the revised Terms. If any change is unacceptable, please discontinue use of the Site and Service.
18. Governing Law
These Terms are governed by United States and Missouri law without regard to conflicts of law provisions. Any legal disputes shall be resolved exclusively in courts located in St Louis County, Missouri.