In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We use shipping software to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
BRANDYAY Terms of Service
By registering for the BRANDYAY service (“Service”) or any of the services of BRANDYAY Inc. (“BRANDYAY”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by BRANDYAY under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. BRANDYAY reserves the right to update and change the Terms of Service by posting updates and changes to the BRANDYAY website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
By using BRANDYAY or any BRANDYAY services, you are agreeing to these terms. Be sure to occasionally check back for updates.
BRANDYAY USERS UNDERSTAND THAT BRANDYAY USERS ARE NOT, AND SHALL NOT BE TREATED AS, AN EMPLOYEE OF BRANDYAY FOR FEDERAL OR STATE TAX PURPOSES OR ANY OTHER PURPOSES WHATSOEVER.
BRANDYAY Users shall be responsible for and pay BRANDYAY Users’s own self-employment taxes, estimated tax liabilities, business equipment or personal property taxes and other similar obligations, whether federal, state or local. BRANDYAY shall not pay or withhold any FICA, SDI, federal or state income tax or unemployment insurance or tax or any other amounts because the relationship of the parties hereto is not that of employer - employee, but that of independent contractor.
BRANDYAY Users shall be solely responsible for the payment of all taxes, withholdings and other amounts due in regard to BRANDYAY Users’s own employees, if any.
BRANDYAY Users shall establish BRANDYAY Users’s own goals, inventory (if applicable), working hours and methods of sale, as long as BRANDYAY Users complies with the terms of this Agreement, including the Policies and Procedures set forth through this agreement or otherwise, and all applicable laws. BRANDYAY does not maintain or enforce exclusive sales areas or territories for the benefit of BRANDYAY Users. BRANDYAY Users expressly acknowledges that neither this Agreement, nor any compensation, bonuses, commissions or incentive plans or programs pertaining to the Product, business, Policies and Procedures,
or Price List of BRANDYAY constitutes a franchise, business opportunity, or seller assisted marketing plan or other regulated sales relationship
1. You must be 18 years or older to be part of this Program.
2. You must live in the United States.
3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
5. Your login may only be used by one person – a single login shared by multiple people is not permitted.
6. You are responsible for maintaining the security of your account and password. BRANDYAY cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
8. One person or legal entity may not maintain more than one account.
9. You may not use the BRANDYAY Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
10. BRANDYAY Users must conduct themselves and their business operations in a professional, legal, moral, honest and ethical manner and abide by all BRANDYAY sales and return policies.
11. You may cancel at anytime. Any fees paid are non-refundable. Wholesale purchases are not refundable.
12. There are no refunds/exchanges on custom made items. Any problems for misprinted/damaged/defective items must be submitted within 15 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated ship date. If there is an error on our part with your order, replacements are covered at our expense.
13. Chargebacks are not accepted. User agrees not to chargeback. If a chargeback is initiated, program pricing is void and full retail price is due. Outstanding balances may be sent to collection which may affect credit rating.
The BRANDYAY Program(s) offers multiple sales channels and opportunities for its approved participants. Some sales channels may incur additional charges or agreements and some channels require some setup or installation on behalf of the BRANDYAY Users.
No inventory purchase is required.
All items are manufactured in the USA, so orders are fulfilled on a timely basis. Usually within 5 -7 business days.
No prints run out of stock, because they are printed and sewn on demand.
BRANDYAY Users have the opportunity to create/design their own exclusive patterns/designs for products.
Quality checking of design templates is the sole responsibility of the user. Errors in the design templates are not the responsibility of BRANDYAY.
We have a large sizing scale for leggings XS thru 4XL with inseam measurements for each size including capri, short, regular, and tall.
We have several fabric choices, currently soft lycra, buttersoft, and others for products.
BRANDYAY will provide fulfillment, shipping, customer service, and handling of returns for all online orders.
BRANDYAY Users will be granted access to wholesale pricing for BRANDYAY products and are permitted to purchase items for existing orders or pre-purchase for retail sales.
BRANDYAY Users may create their own exclusive designs which would appear exclusively on their shopping portal. Users may create print ready artwork on templates and upload for printing. If a user is unable to provide print ready artwork templates, the setup fee is currently $40 per design per product style. Additional charges may apply for exact placement prints.
BRANDYAY Users set the retail price for their exclusive products.
Any artwork, logo, or design submitted by BRANDYAY Users, BRANDYAY Users acknowledges they have created or have the right to use such artwork. BRANDYAY reserves the right to refuse artwork that may be offensive.
Wholesale orders, once placed, are not refundable.
Submitted templates are printed as submitted. Quality checking of templates is the users reponsibility.
BRANDYAY Users are not permitted to sell in a way or manner that may diminish the BRANDYAY Brand.
TRADEMARKS, SALESMARKS, AND COPYRIGHTS
The name “BRANDYAY”"BRANDYAY on demand" and other variations are proprietary trade names, trademarks, and service marks of BRANDYAY. This agreement does not imply the BRANDYAY Users’s right to any of these proprietary marks or symbols.
You will be solely responsible for the development, operation, of your sales and referrals and for all materials that appear on your social media or website if applicable. For example, you will be solely responsible for:
* Ensuring the display of Special Links on your social entities does not violate any agreement.
* The accuracy, truth, and appropriateness of materials posted on your social entities (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
* Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
* Ensuring that materials posted are not libelous or otherwise illegal.
COMPLIANCE WITH LAWS
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
TERM OF THE AGREEMENT AND PROGRAM
The term of this Agreement will begin upon BRANDYAY Powered by BRANDYAY’s acceptance of your application to our Program, and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. BRANDYAY reserves the right to end the Program at any time.
RELATIONSHIP OF PARTIES
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Product Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our BRANDYAY Users shall be submitted to confidential arbitration in – Philadelphia PA, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Unless specified in writing otherwise by BRANDYAY, all information provided by BRANDYAY to BRANDYAY Users is confidential (“Confidential Inform
ation”). Confidential Information shall include, but not be limited to, all customer information, customer and client lists, sales information wants and needs of customers, agreements, communications, plans, designs, reports, projections, budgets, or other materials, whether or not furnished or prepared by BRANDYAY or its agents (as
herein defined). BRANDYAY Users shall not directly or indirectly divulge, disclose, disseminate, dist
ribute, license, sell, use or otherwise make known any Confidential Information to any third party or person or entity not expressly authorized or permitted by BRANDYAY
This Agreement will be governed by the laws of the United States and the state of Philadelphia Pennsylvania, USA without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of BRANDYAY Powered by BRANDYAY to exercise or enforce any right or provision of the BRANDYAY Users Terms of Service shall not constitute a waiver of such right or provision. The BRANDYAY Users Terms of Service constitutes the entire agreement between you and BRANDYAY Powered by BRANDYAY and govern your use of the Service, superseding any prior agreements between you and BRANDYAY Powered by BRANDYAY (including, but not limited to, any prior versions of the BRANDYAY Users Terms of Service).
BRANDYAY Users may execute this Agreement pursuant to the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and any similar state laws (collectively “E-Sign Laws”).
BRANDYAY, This Agreement shall thereafter automatically renew for successive one-year terms unless either party notifies the other that it does not wish to renew the Agreement. If BRANDYAY elects not to renew the Agreement, it shall provide BRANDYAY Users with notification.
1. The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
1. Technical support is only provided to paying Account holders and is only available via email.
2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the USA.
3. You acknowledge and agree that BRANDYAY may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to BRANDYAY’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
4. You may not use the BRANDYAY service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the USA and the state of Pennsylvania. You will comply with all applicable laws, rules and regulations in your use of the Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BRANDYAY.
6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BRANDYAY or BRANDYAY trademarks and/or variations and misspellings thereof.
7. Questions about the Terms of Service should be sent to customerservice@BRANDYAYusa.com.
8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and BRANDYAY’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail.
1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our policy or these Terms of Service.
4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any BRANDYAY customer, BRANDYAY employee, member, or officer will result in immediate Account termination.
5. BRANDYAY does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that BRANDYAY employees and contractors may also be BRANDYAY customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
8. BRANDYAY retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, BRANDYAY reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
1. You expressly understand and agree that BRANDYAY shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
2. In no event shall BRANDYAY or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BRANDYAY partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. BRANDYAY does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. BRANDYAY does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
6. BRANDYAY does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of BRANDYAY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and BRANDYAY and govern your use of the Service, superseding any prior agreements between you and BRANDYAY (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
1. We do not claim any intellectual property rights over the Materials you provide to the BRANDYAY service. All Materials you upload remains yours. We assue that artwork you submit is yours or you have the right and/or permission to use it. You can remove your BRANDYAY store at any time by deleting your Account.
2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow BRANDYAY to store, and in the case of Materials you post publicly, display, your Materials; and (c) that BRANDYAY can, at any time, review all the Materials submitted to its Service, although BRANDYAY is not obligated to do so.
3. You retain ownership over all Materials that you upload to a BRANDYAY store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
5. BRANDYAY shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
8. Cancellation and Termination
1. You may cancel your Account at anytime by emailing support then following the specific instructions indicated to you in BRANDYAY’s response.
2. Upon termination of the Services by either party for any reason:
1. BRANDYAY will cease providing you with the Services and you will no longer be able to access your Account;
2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. any outstanding balance owed to BRANDYAY for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. your store website will be taken offline.
3. If you purchased a domain name through BRANDYAY, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
5. We reserve the right to modify or terminate the BRANDYAY Service or your Account for any reason, without notice at any time.
6. Fraud: Without limiting any other remedies, BRANDYAY may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
9. Modifications to the Service and Prices
1. Prices for using the Services are subject to change upon notice from BRANDYAY. Such notice may be provided at any time by posting the changes to the BRANDYAY Site (BRANDYAY.com) or the administration menu of your BRANDYAY store via an announcement.
2. BRANDYAY reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
3. BRANDYAY shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
15. Third Party Services
1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, BRANDYAY’s partners or other third parties.
2. BRANDYAY may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the BRANDYAY App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or BRANDYAY’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
3. We do not provide any warranties with respect to Third Party Services. You acknowledge that BRANDYAY has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on BRANDYAY’s websites, including the BRANDYAY App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with BRANDYAY. BRANDYAY strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. BRANDYAY is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
5. Under no circumstances shall BRANDYAY be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if BRANDYAY has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
6. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BRANDYAY partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Use of BRANDYAYUSA websites confirm that you agree with these Policies and Terms of Service