This website and any other Hanky Panky®-branded sites or properties (collectively, the “Site”) are operated by Hanky Panky Ltd. ("Hanky Panky", “we”, “us” and “our”).  Please read the Terms of Use carefully before using the Site, accessing the Services, or purchasing any Products (defined below). BY ACCESSING AND USING THE SITE AND USING THE SERVICES OFFERED ON THIS SITE (THE “SERVICES”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  If you do not agree to these Terms of Use, then close the Site and do not use any of the Services. 

License to Use the Site and Services

Hanky Panky grants you a limited, personal, non-exclusive, non-transferable and revocable right to use the Site, the Services, and the features that we expressly make available to you.  You may only use the Site and Services in connection with the purposes for which we provide them to you.  You agree that all features of the Site or Services may not work well or at all on any particular device or computer, and we will have no liability to you for any errors or access failures.

It shall be deemed a violation of this license and these Terms of Use to engage in fraudulent or misleading activity while using the Site or Services (for example, by using false names, multiple identities, multiple email accounts or addresses, impersonating another person, or otherwise providing false or misleading information), especially if the activity violates applicable laws or is harmful to Hanky Panky’s interests.

You may only use the Site and Services if you are at least 18 years of age.  If you are not at least 18 years of age, we may delete your account and orders, suspend your use of the Site, and take any other action available to us.

The Site and Services are not intended for children and do not contain any content created for children.  You agree to never send us the personal information of any child under 13 years of age, and you shall indemnify and defend us (including reimbursing our attorney’s fees) if we incur any risk or liability if you violate this promise. 

Member Account and Login

Much of our Site and Services are accessible to the general public.  But some areas of the Site, certain Services, and other features and functionality may require you to create an account with Hanky Panky.  In order to create an account with us, you must be at least 18 years of age, capable of forming a binding contract with us where you reside, and not barred from using our Site or the Services under applicable law.  All information you provide during account registration will be subject to our Privacy Policy, and by providing it, you agree that we may collect your personal information.  You represent that the information you provide us is accurate and that you will keep it up to date.  You are solely responsible for creating unique and secure login details, including a password with sufficient complexity that it cannot be easily guessed, hacked or cracked, and safeguarding your login details.  You are responsible for all usage or activity of the Site or Services under your account, and you may not provide your login information to any third party.  Hanky Panky shall not be liable for any activity or harm caused by the theft, misappropriation, or unauthorized use of your login information.  Contact us immediately if you suspect unauthorized use of your account.

Products, Orders, Prohibition on Reselling, and Price

Our Site and Services allow you to purchase clothes and other products from Hanky Panky and to interact with us in various ways.  We make every effort to present accurate and reliable information on our Site and Services, and we take efforts to ensure that products are accurately portrayed online, including colors and style.  We cannot guarantee that your computer’s display of any color will be accurate, so where possible please view our products in stores to confirm that they are suitable for you.   On occasion there may be typos, errors, inaccuracies or omissions about products on our Site.  We reserve the right to amend errors and update product information at any time. 

All prices are retail prices quoted in U.S. dollars, are intended to be valid and effective only in the United States, and do not include taxes or applicable shipping and handling charges.  By submitting an order through the Site or Services, you agree to pay in advance the price of the ordered product(s), plus applicable taxes, shipping and handling, and other charges communicated to you.  A valid credit card or other payment method with authorization for us to use it is required to make a payment and complete your purchase.  In the event a product is inadvertently listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account. Please review additional order information through your Customer Account.

All orders are subject to acceptance by Hanky Panky, and confirmation of your order will be provided to you.  Nothing on the Site, in the Services or information presented therein shall be deemed to constitute a binding offer to sell products described on the Site. We reserve the right at any time after receipt of your order to accept or decline your order or any portion thereof, in our sole discretion and for any reason, even after your receipt of an order confirmation or after your credit card has been charged.  We may in our sole discretion limit or cancel quantities purchased per person, household or order.  Such restrictions may be per account, payment method, email address, or billing or shipping address.

If more than one shipping method is available, then you may choose the method of shipment and general timing of delivery as made available by the carriers we use, and you will be charged shipping and handling charges based on your choice. Hanky Panky is not responsible for deliveries that are delayed due to events that are beyond our control.

You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site.  We may cancel without notice any orders that appear to be placed by dealers, resellers or distributors.  

Certain products are available exclusively online through the Site. These products may have limited quantities and may be subject to return or exchange only through the Site according to the applicable return policy.  Unless otherwise noted, all product purchases are subject to our Returns & Exchanges Policy.

Panky Points Rewards Program

If you sign up for our Panky Points rewards program, your participation will be subject to the additional terms provided at Panky Points Program Terms, as may be updated from time to time.

Comfort Guarantee

If you are a first-time customer who purchased any lace thong including, without limitation, a Signature Lace Thong (Original Rise, Low Rise, Plus Size Original Rise, or Petite Size Low Rise), Daily Lace Thong (Original Rise, Low Rise, Plus Size Original Rise, or Petite Size Low Rise), or Retro Lace Thong (Regular Size or Plus Size), Hanky Panky offers a Comfort Guarantee.  Accordingly, if you find that our Lace Thong does not live up to its reputation for comfort, Hanky Panky will send you a free panty (also referred to in this section as a “replacement item”) of equal or lesser value. To obtain a replacement item under this Comfort Guarantee, please contact our customer service at contact-us@hankypanky.com within thirty (30) days of the purchase date. Proof of purchase is required. Hanky Panky will send you one (1) single replacement item under this Comfort Guarantee, regardless of whether your purchase consisted of a single Lace Thong, more than one Lace Thong or a Lace Thong multi-pack. This one-time replacement item offer is only valid on purchases made on our website, hankypanky.com, and only valid for first-time customers. All replacement item requests under this Comfort Guarantee are subject to acceptance by Hanky Panky, and confirmation of your replacement item request will be provided to you in the same manner your order confirmation was provided to you. If Hanky Panky determines in its sole discretion that you are abusing this Comfort Guarantee before a replacement item is sent to you, Hanky Panky may deem you ineligible for this offer with no obligation to fulfill your replacement request. Hanky Panky reserves the right to modify, suspend, impose conditions on, discontinue or cancel the Comfort Guarantee and any goods and/or services offered in connection with the Comfort Guarantee at any time without liability or notice to you, in its sole discretion.

Personal Information

Please review our Privacy Policy, which governs the use of personal and identifying information on our site. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

Notifications, Alerts and Mobile Messaging

You may receive notifications, alerts, emails, text messages, or other types of messages regarding the Services.  These may include order confirmations and status, shipment confirmations, and tracking and delivery information, which are not subject to opt-out although we may permit you to choose the manner in which we communicate these to you.  We may also email you promotional or marketing materials.  You may opt out using the process described in the Privacy Policy.  The Privacy Policy governs how we use your contact information and may provide you with additional rights and information.  California residents should review the California-specific disclosures and information in the Privacy Policy. 

If you provide us with your mobile phone number and do not opt out of receiving marketing text messages, then this action constitutes your prior written consent to receive autodialed, prerecorded voice and/or artificial voice marketing messages from us to the telephone number that you provided. Message frequency may vary. Message and data rates may apply.  Hanky Panky does not require your consent for mobile message marketing as a condition of purchasing any of our goods or services. In the event that you change or deactivate your mobile number, it is your responsibility to call Hanky Panky at 1-877-447-4811 to have your prior number removed. The mobile carriers are not liable for delayed or undelivered messages.

To join Hanky Panky mobile marketing, text advertised keyword such as HANKY to 88348 for promotional alerts.  For help, text HELP to 88348, or call 1-877-447-4811 for assistance.  To opt out, text STOP to 88348.

Site Content; Trademarks and Branding

All content on this Site (including without limitation, text, design, pictures, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Hanky Panky and/or its content providers and is protected by copyright, trademark and other applicable laws. The Site and its contents are intended solely for your personal, non-commercial use. No right, title or interest in any viewed, copied or downloaded content is transferred to you as a result of any such viewing, copying or downloading. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the Site or any of its contents except as expressly permitted by these Terms of Use. Unless otherwise specified, the site and its contents are intended to promote our products and services available in the United States.

Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of Hanky Panky and/or our content providers, or other third parties and are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission.

Third Party Content, Services and Links.

The Site and Services may (1) enable your access to websites, platforms or services (including social media platforms) created or provided by third parties, (2) display or otherwise make available content, data, information, applications, advertisements or materials from third parties, and (3) provide hyperlinks to certain third party web sites (“Third Party Materials”). Third Party Materials are provided solely as a convenience to you and you are subject to any specific terms and conditions under which they are provided.  Hanky Panky does not create, endorse, warrant, guarantee, sponsor, recommend, suggest, or have any responsibility for any Third Party Materials or any products or services depicted therein. Hanky Panky makes no warranties of any kind regarding any non-Hanky Panky sites to which you may be directed or hyperlinked from this Site.  Hyperlinks are included solely for your convenience, and Hanky Panky makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided on such non-Hanky Panky sites. 

You acknowledge and agree that Hanky Panky is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials or any statements made therein.  Be aware of and read all third party terms and privacy policies whenever you leave the Site. 

Although Hanky Panky does not intend for the Site or Services to contain or display objectionable content, you understand and acknowledge that by using any of the Site, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Site at your sole risk and that Hanky Panky shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

User-Provided Content and Materials

Feedback, User Comments, and Social Media Posts

If you choose to provide us any feedback, comments or suggestions for improvement (“Comments”), then you hereby grant and agree to grant Hanky Panky a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under all your rights in the Comments, for us to Use (defined below under Creative Submissions) all such Comments.  You agree that Comments are deemed non-confidential and non-proprietary.

Comments shall include any review, comments or content that you post to any social media or business review sites or pages that are associated with Hanky Panky or in any posts that tag or refer to Hanky Panky or any of our brands or products online, including using hashtags or our social media handles (“Social Media Posts”).  You agree that Hanky Panky and our service providers may collect Social Media Posts for any uses permitted by law and our contractual obligations, and Hanky Panky will have no liability to you for use of any Comments including Social Media Posts.  Hanky Panky reserves the right to monitor and edit or remove any Comments on our Site or our official social media properties, without any liability or obligations to you.

By using the Site and Services, you agree not to submit any Comments that (a) are false, fraudulent, inaccurate, misleading, or engage in any schemes, (b) violate any law, (c) violate the rights of others, including intellectual property, publicity and privacy rights, (d) are obscene, indecent, pornographic or otherwise objectionable, (e) are derogatory, threatening, defamatory, harassing, abusive, hateful, or embarrassing to any person, (f) victimize or degrades any individual or group on the basis of protected characteristics, (g) threaten violence, (h) advertise third party products, (i) impersonate others, or (j) are intended to cause damage, harm or interference.

Creative Submissions

Other than Comments and Social Media Posts handled above, Hanky Panky's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, layouts, designs, pictures, videos, recordings or other creative or potentially commercial materials (“Creative Submissions”), other than those we have specifically requested in writing.  We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Hanky Panky's employees and agents might appear similar to users’ unsolicited Creative Submissions. Accordingly, while we value your feedback, we ask that you do not send us any Creative Submissions, and you agree not to sue Hanky Panky or any of our affiliates or personnel on the basis of any apparent similarity to your unsolicited Creative Submissions. We may delete or destroy any Creative Submissions immediately with no liability to you, and you agree that you waive any and all claims against Hanky Panky or any of our employees or other personnel that relate in any way to any Creative Submissions that you send us.

Unless otherwise agreed in writing, for Creative Submissions, including contest entries and product reviews, that you send, transmit or communicate to Hanky Panky in any manner in response to a solicitation or request, you hereby grant and agree to grant to Hanky Panky a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under your rights in the Creative Submissions to use, edit, modify, create derivative works based upon, publicly display, publicly perform, distribute, syndicate, translate, and otherwise use or exploit for any purpose (collectively, “Use”) the Creative Submissions.  The foregoing license is without any restriction, liability, duty or obligation to you, and you agree that Hanky Panky is not and shall not be under any obligation to (1) maintain any Creative Submissions in confidence; (2) pay compensation for any Creative Submissions; (3) notify you of any use of your Creative Submissions or seek your approval for any such use; or (4) respond to any Creative Submissions.

General Terms for User-Provided Materials

You agree and represent that all Comments and Creative Submissions that you submit to us are your original works of authorship and creation, and that such materials do not and will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right, if used in any manner permitted by these Terms of Use.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Hanky Panky or third parties as to the origin of any Comments or Creative Submissions. You are solely responsible for any Comments or Creative Submissions you make or provide and their accuracy. Hanky Panky takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Restrictions

You shall not do any of the following, which are all deemed material breaches of these Terms of Use and of your license to use the Site and Services:  (1) distribute or make the Site available over a network where it could be used by multiple devices at the same time; (2) access parts of the Site that you are not authorized to access, or attempt to circumvent restrictions imposed on your use or access of the Site; (3) rent, lease, lend, sell, sublicense, reproduce in whole or part, act as a service bureau, grant rights in the Site, or otherwise redistribute or use our Site or content in a manner that would substitute for the Site and our offerings; (4) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof; (5) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; (6) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site; (7) use the Site to institute, assist, or become involved in any type of attack, including denial of service attacks, upon any party; (8) commit trespass or act in a manner that intentionally burdens network capacity; (9) use or attempt to use the Site in any manner to harass, abuse, stalk, threaten, defame, harm, or infringe or violate the rights of any other party; (10) provide us sensor data (such as microphone, camera, fitness or other data) that you are not authorized to provide; (11) impersonate any other person or entity when using the Site; or (12) create any apps, extensions or other products or services that use our content without our permission.

Any attempt to do any of the foregoing is a breach of these Terms of Use and will subject you to all remedies available to us, our service providers and our licensors under the law.  Without limitation, this may include contract breach, intellectual property infringement, and computer fraud and abuse.  If you breach any of these restrictions, you may be subject to prosecution and damages.

Suspension; Termination.

Hanky Panky reserves the right to change, suspend, remove, disable or terminate access to the Site and Services at any time without notice, for any or no reason, and with no liability or responsibility to you. We may also impose limits on the use of or access to the Site, in any case and without notice or liability.  These Terms and your license to use the Site are effective until terminated by you or Hanky Panky. You may terminate your agreement with these Terms of Use and your obligations hereunder by ceasing all use of the Site and Services.  If you fail to comply at all times with these Terms, your license to use the Site will terminate automatically. Any continued use after termination may expose you to legal liability and damages, which Hanky Panky may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion.  Upon any termination of the license, you shall cease all use of the Site and Services.

Accuracy, Completeness and Timeliness of Information on This Site

All information provided on the Site and Services is provided as-is.  We are not responsible if information made available on this Site is not accurate, complete, useful or current.   We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

DISCLAIMERS

Your use of this site is at your sole risk, and you acknowledge and agree that you assume all responsibility for your use of the site and services. The site is provided on an “as is”, “as available” and “with all faults” basis.  Hanky Panky expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing, that access to the site will be uninterrupted or error-free, that the site will be secure, that the site or the server that makes the site available will be virus-free, or that information on the site will be complete, accurate or timely. You assume all risk of using the internet for online communications, including the risk that any data or information you send or receive during your use of the site and services may not be secure and may be intercepted and used by unauthorized parties. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information whether oral or written, obtained by you from Hanky Panky or through or from the site shall create any warranty of any kind. Hanky Panky does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so portions of the above disclaimer may not apply to you.

LIMITATION OF LIABILITY

The site and services are made available to you at no charge. Neither Hanky Panky nor its affiliates, directors, officers, employees, contractors, agents, other personnel, suppliers, or third party content providers (the “Hanky Panky parties”) will be liable to you or any other party for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) the site, the services, or any other site you access through a link from this site, (2) any actions we take or fail to take as a result of communications you send to us, (3) the delay or inability to use the site, (4) any information, products, or services advertised in or obtained through the site, (5) Hanky Panky’s removal or deletion of any materials submitted or posted on its site, or (5) any other damages otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if a Hanky Panky party has been advised of the possibility of damages. This limitation of liability applies, without limitation, to any and all damages and injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage, your loss of profits or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that no Hanky Panky party shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with Hanky Panky is to discontinue your use of the site and services. You and Hanky Panky agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you. If all direct liability cannot lawfully be disclaimed in your jurisdiction, then our cumulative liability shall be capped at fifty u.S. Dollars ($50.00).

Indemnification

You agree to indemnify, defend and hold harmless the Hanky Panky Parties from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from your use of the Site and Services and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from that disruption. Hanky Panky reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with Hanky Panky in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the State of New York govern these Terms of Use and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use, regardless of the physical location from which you access the Site or Services.  If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, then you may not use the Site. You are responsible for your own compliance with all laws that apply to you.

Copyright Complaints: Notice and Takedown

Hanky Panky respects the intellectual property of others and it is our policy to respond to claims of copyright infringement as required by the Digital Millennium Copyright Act ("DMCA"). We may terminate access for subscribers and account holders who are repeat infringers.  We shall not be liable or responsible for any content removed or deleted due to our compliance with the DMCA.

Notifying Hanky Panky of Copyright Infringement

If you believe that any user-provided content on the Site or accessible through our Services infringe your copyright, you may request removal of those materials by sending us a notice to our Designated Agent at copyrightagent@HankyPanky.com with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you materially misrepresent any fact in your notice, you may be liable for damages (including costs and attorney’s fees) and other penalties under applicable law.

Responding with a Counter Notification

If we remove or disable access to content in response to a DMCA Notice, we may contact the author of the disputed material, who shall have an opportunity to provide Hanky Panky with a counter notification by written communication to copyrightagent@HankyPanky.com that includes the following:

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent any fact in the counter notification. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Entire Agreement and Admissibility

These Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Hanky Panky with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter, including any previous versions of these Terms of Use. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Revisions and Supplements

The Terms of Use may be updated from time to time, with the latest revision date indicated at the top of these Terms of Use. You should check the date of the Terms of Use and review any changes since the last version. By using the Site and Services after these Terms of Use are updated, you agree to all such revisions and modifications.

Depending on your use of the Services and Site, we reserve the right to present you with additional terms and conditions that will govern your use of those Services and areas of the Site.  Further, because the Services evolve over time as we update our offerings, we may change or discontinue the Site and services at any time, without liability or notice, in our sole discretion. 

Severability

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, the remaining provisions will remain in effect.

Questions

If you have questions about these Terms of Use, please direct them to Legal@HankyPanky.com.

Hanky Panky Rewards Program Terms and Conditions

1. Membership & Eligibility

Hanky Panky Loyalty Program (“Program“) is a free rewards program offered by Hanky Panky Ltd. (“Hanky”) to its customers located in the United States, for fulfilled orders and Activity on HankyPanky.com. Membership in the Program (“Membership”) is limited to individuals only and is limited to one account per individual (“Member”). You must be age 16 years or older and a legal resident of the United States to be eligible for Membership. Eligible minors must obtain their parent’s or legal guardian’s consent prior to participation.

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY THESE PROGRAM TERMS AND CONDITIONS (“TERMS”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER.

2. Membership Tiers; Earning and Redeeming Points

Membership Tiers Generally

There are four tiers of membership in the Program: HP Member, Cotton, Silk and Lace. Achieving Cotton, Silk or Lace status requires a minimum spend per year, as explained below. All membership tiers enjoy a variety of benefits made available by Hanky Panky, in its sole discretion from time to time (“Benefits”). Benefits may vary by tier and some tiers may have more Benefits than others. The type, timing and availability of any Benefits (including Rewards (as defined below), special offers, exclusive access to limited edition products, early access to sales, surprise gifts, invites to private brand events & experiences, VIP customer service assistance, and/or exclusive offers) will be determined by Hanky Panky in its sole discretion.

Hanky Panky may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for Membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.

HP Member

All members are automatically HP Members upon enrollment. Subject to removal from the Program (as explained in Section 9 below), a member will remain an HP Member indefinitely unless the minimum annual spend required to achieve Cotton, Silk or Lace status is met.

Cotton Member

Cotton status is conferred on those registered Members who spend a minimum of $500 on fulfilled orders of merchandise during one calendar year (January 1st -December 31st). Cotton status is good for the calendar year in which the Member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Cotton status and does not qualify for Silk status, the member will revert to HP Member status.

Silk Member

Silk status is conferred on those registered Member members who spend a minimum of $1,500 on fulfilled orders of merchandise during one calendar year (January 1st -December 31st). Silk status is good for the calendar year in which the Member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Silk status and does not qualify for Cotton or Lace status, the member will revert to HP Member status.

Lace Member

Lace status is conferred on those registered Member members who spend a minimum of $2,500 on fulfilled orders of merchandise during one calendar year (January 1st - December 31st). Lace status is good for the calendar year in which the Member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Lace status and does not qualify for Silk or Cotton status, the member will revert to HP Member status.

HP Member Points

Under the Program, all four tiers of membership will have the ability to earn HP Member point credited to their HP Account for every U.S. dollar spent on fulfilled orders (a “HP Member Point”). HP Member Points will be posted in Member’s account no later than seven (7) days after a fulfilled order. You must provide your HP Member registered e-mail address, name, and/or phone number to have any HP Member Points credited to your HP Account. HP Member Points previously credited to your HP Account will be removed if the order that resulted in such points is cancelled.

HP and Cotton Members will have 1.0 HP Member Point credited to their HP Account for every U.S. dollar spent on fulfilled orders.

Silk Members will have 1.25 HP Member Points credited to their HP Account for every U.S. dollar spent on fulfilled orders.

Lace Members will have 1.5 HP Member Points credited to their HP Account for every U.S. dollar spent on fulfilled orders.

Hanky Panky may offer bonus points from time to time and in that circumstance the bonus points offer would apply.

As part of the Benefits of being a member, your HP Member Points may be redeemed for rewards made available by Hanky Panky from time to time in its sole discretion (“Rewards”). You are eligible to redeem HP Member Points for a Reward if you have enough HP Member Points in your HP Account for that specific Reward. Rewards can only be redeemed online, only if shipped to addresses in the US.

HP Member Points themselves have no cash value and can only be redeemed for Rewards. Hanky Panky may, in its sole discretion, allow HP Member Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Hanky Panky, HP Member Points are not redeemable for cash, for gift cards or for e-gift certificates.

HP Member Point Expiration

We hope that you redeem your HP Member Points on a regular basis. All unredeemed HP Member Points will expire when a Program Member has not engaged in HP Member Point activity (“Activity”) associated with that Membership account for 12 months or more. The type, timing and acceptability of any Activity may vary (including but not limited to qualified purchase(s), creating an account, leaving a review, referring a friend, following on Instagram, Facebook, or Pinterest, while connected to HP Account) and will be determined by Hanky Panky in its sole discretion. If you have questions regarding the date of your last HP Member Point Activity or your last purchase, check your Member page. If you feel HP Member Points have been expired in error, please email Customer Service at contact-us@hankypanky.com for assistance.

In addition, HP Member Points will automatically expire if your Membership is revoked or otherwise cancelled for the reasons further detailed in Section 9.

3. Generally

Hanky Panky may offer Benefits through the HP webpage from time to time and in its sole discretion. The Benefits Chart is where you can browse Benefits for each tier and then redeem HP Member Points for Rewards with redemption varying from 100 HP Member Points and up. When shopping online, you can add Rewards to your online basket if you are logged into your Member account select “Use my Panky Points” to redeem your Reward.

All Benefits are for a limited time. Quantities of each Benefit are limited and you must be a registered Member in order to redeem Benefits and/or Rewards. Members may redeem one Benefit per transaction. HP Member Points will be deducted at time of redemption. Benefits are subject to change, alteration, substitution, or termination by Hanky Panky in its sole discretion at any time.

All Benefits are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for HP Member Points, cash, gift card or e-gift certificate unless pursuant to a specific offer from Hanky Panky. Hanky Panky is not responsible for lost or stolen Rewards.

4. Taxes: You are solely liable for any applicable taxes arising out of the accrual or use of the Benefits. Consult your tax advisor concerning such tax consequences.

5. Redeeming a Reward

Rewards valued at up to 100 HP Member Points (“Minimum Rewards”) are required for a merchandise purchase if redeemed online. Rewards valued from 500 HP Member Points and above (“Tier Rewards”) do not require a merchandise purchase even if redeemed online. Tier Rewards redeemed without a merchandise purchase cannot be used in conjunction with any other promotional codes or promotional discounts during checkout.

If your online order is not completed during the same visit, the Rewards will remain in your shopping basket. However, they may no longer be available when you return and complete the order. You are not required to redeem a Reward during checkout.

6. Online Order Cancellation

Because all Minimum Rewards redeemed online are shipped with merchandise orders, if you cancel an item from your order and that cancellation drops your HP Member Points balance below the required HP Member Points to redeem the Minimum Reward, you will still receive the Minimum Reward as long as other merchandise is being shipped. It is possible your HP Account could have a negative balance if you do not have enough HP Member Points in your account because of the item cancellation. If your entire order is cancelled by you, any Minimum Reward will not ship because a merchandise purchase is required and the redeemed HP Member Points will be re-credited to your HP Account.

Redeemed HP Member Points will be re-credited if an order is cancelled by Hanky Panky.

7. Certain Tier Rewards Explained

Standard Shipping Benefit

All HP, Cotton, Lace and Silk Members will receive free standard shipping on all qualifying online purchases in the U.S.

You must check out with a valid Member account to receive the standard shipping Benefit. Benefit has no cash value. No adjustments on previous purchases. Benefit is non-transferable. Benefit subject to change, alteration, or termination by Hanky Panky in its sole discretion at any time.

HP Member Cash Reward

The HP Member Cash Reward may be used for the purchase of merchandise online (with a shipping address in the U.S. (excluding Puerto Rico). Unless authorized by Hanky Panky, in its sole discretion, the HP Member Cash Reward cannot be applied to gift card purchases, previous purchases, taxes, or shipping & handling charges.

When you accumulate enough HP Member Points, you will be eligible for an HP Member Cash Reward. A minimum of 100 HP Member Points are required for redemption for HP Member Cash Reward. Rewards may also be redeemed for alternative values of 250 or 500 HP Member Points. Reward is an instant $10 discount applied to the purchase price of merchandise available to all Members in exchange for redemption of 100 HP Member Points. Reward is an instant $25 discount applied to the purchase price of merchandise available to all Members in exchange for redemption of 250 HP Member Points. Reward is an instant $50 discount applied to the purchase price of merchandise available to all Members in exchange for redemption of 500 HP Member Points.

Order subtotal (after all other discounts have applied) to which the HP Member Cash Reward is applied must be greater than or equal to $10. Only one HP Member Cash Reward can be applied per transaction.

Return of merchandise purchased with a HP Member Cash Reward will be for the price actually paid after applying the $10 discount. Neither the HP Member Points deducted from your Member account nor the dollar value discount will be refunded. Exchanges of the same item will be credited for the full transaction value including the dollar value discount.

HP Member Cash Rewards is not cash, has no cash value without a purchase and may not be altered, sold, bartered or transferred. The HP Member Cash Reward is applied last after all other promotional discounts have been applied. HP Member Cash cannot be used on any other promotional offers, discounts or Rewards. The HP Member Cash Reward is subject to change, alteration, or termination by Hanky Panky in its sole discretion at any time.

Birthday Gift Reward

All HP, Cotton, Silk and Lace Members are eligible to redeem one Birthday Gift per year per mailing address during the month of their birthday.

Lingeriecycle Reward

All HP, Cotton, Silk and Lace Members are eligible to redeem.

8. Agreeing to Hanky Panky’s Privacy Policy & Email

Hanky Panky values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO BE BOUND BY HANKY PANKY’S APPLICABLE PRIVACY POLICY (https://www.hankypanky.com/pages/privacy-policy) AND OUR TERMS AND CONDITIONS (https://www.hankypanky.com/pages/terms-conditions). As is explained in our privacy policies, we use, and retain the information we collect to, among other things, detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate accumulated HP Member Points and benefits or to violate these Terms.

Communications with Hanky Panky; How to Opt Out

By submitting an application for HP Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from Hanky Panky. By signing up to join the Program, you will automatically be subscribed to receive Program emails.

If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at hankypanky.com or by emailing Customer Service at contact-us@hankypanky.com or by calling 1-877-447-4811.

9. Changes, Termination and/or Removal from Program

Hanky Panky reserves the right to audit Members’ accounts at any time and without notice to ensure compliance with the Program and all other applicable Hanky Panky rules and regulations. HP Member Account found in violation are subject to penalty, up to and including termination and closure of the Member Account.

Hanky Panky may, in its sole discretion, alter, limit, or modify the Program rules, regulations, Benefits, Rewards, eligibility for Membership, or any other feature of the Program (including assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse) or may terminate the Program any time at its sole discretion, by posting any such changes on the Hanky Panky website.

YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

Hanky Panky strives to be a global organization and as such commits to equity, diversity, and inclusion in its governance structure, workforce, subcontracts, procurement, and policies. Hanky Panky reserves the right to exclude individuals from the Program, remove HP Member Points from a Member’s Account and/or cancel orders that are not consistent with Hanky Panky Terms in its sole but reasonable discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by Hanky Panky), failure to follow any Terms of the Program, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of Hanky Panky not otherwise protected by law may subject Members to Membership revocation or deduction of HP Member Points obtained through these abusive or manipulative activities, cancellation of orders and will affect eligibility for further participation in the Program. Hanky Panky uses a third party provider to monitor purchases. Hanky Panky uses this data to help it make decisions regarding participation in the Program, awarding of HP Member Points and order fulfillment. Membership is non-transferable and Membership purchases must be made by the Member. If your Membership is revoked or otherwise cancelled, any HP Member Points in your HP Account will automatically expire. Hanky Panky reserves the right to make changes to its website and these Terms at any time. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HANKY PANKY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON HANKY PANKY’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM HANKY PANKY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

10. Copyright

All Program design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is Copyright (c) 1977-2023 Hanky Panky LTD., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all Program content is the exclusive property of Hanky Panky and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of Hanky Panky or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Hanky Panky is strictly prohibited.

11. Resolving Disputes

If a dispute should arise between you and Hanky Panky, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing contact-us@hankypanky.com or by calling 1-877-447-4811.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND HANKY PANKY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Hanky Panky agree to resolve any claims relating to this Program through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Hanky Panky’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Hanky Panky may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Hanky Panky website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Program shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or (212) 751-2700. To initiate arbitration, you or Hanky Panky must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 620 8th Ave Fl 34, New York, NY 10018.

(3) Send one copy of the Demand for Arbitration to Hanky Panky.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Hanky Panky will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Hanky Panky will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in New York County, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Hanky Panky, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Program terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hanky Panky.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Hanky Panky in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HANKY PANKY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Hanky Panky at contact-us@hankypanky.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Program terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Program.

12. Choice of Law/Forum Selection

The laws of the State of New York will govern this Program without giving effect to any principles of conflict of law. By using our website, you agree to bring all claims and actions relating to or arising out of this website or your purchases exclusively in courts seated in or having jurisdiction over New York County in the State of New York in the United States.

13. Severability

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Hanky Panky, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

14. California Notice of Financial Incentive

Under California law, loyalty programs may be considered a financial incentive.

We offer our customers a loyalty program (the Hanky Panky Program) that provides certain perks, such as rewards and exclusive offers. We may also provide other programs, such as sweepstakes, contest, or other similar promotional campaigns (collectively, the “Campaigns”). When you sign up for one of these Campaigns we typically ask you to provide your name and contact information (such as email address and/or telephone number). Because our Campaigns involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Campaigns, less the expense related to offering those products, services, and benefits to Campaigns participants.

You may withdraw from participating in a Campaigns at any time by contacting us using the designated method set forth in the Privacy Policy or applicable Campaigns rules.

15. Additional Information on the Program

If you have any questions regarding the Program, you may email Customer Service at contact-us@hankypanky.com or call 1-877-447-4811.