Website Terms and Conditions
Effective: 28 August 2026
Thank you for visiting our website. This website is owned and operated by K BUI & J.C Landon & M.C Portlouis ABN 70 179 131 337 trading as BRNDD. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://brndd.com.au/privacy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we', 'our' and 'BRNDD' means K BUI & J.C Landon & M.C Portlouis ABN 70 179 131 337 trading as BRNDD and our related bodies corporate.
1. Registration
You may need to be a registered member to access certain features of our website.
When you register and activate your account, you will provide us with personal information such as your name and email address, username, profile information, a website or social media link, an avatar image, authentication details, and your style or discovery preferences. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (available at https://brndd.com.au/privacy).
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
- exercise supervision over the Minor's use of our website and account;
- assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- assume liabilities resulting from the Minor's use of our website and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms on behalf of the Minor.
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
2. Collection Notice
We collect personal information about you in order to create and manage your account, provide you with access to BRNDD and its discovery features, personalise your brand and product discovery, manage your boards, collections, saves and follows, communicate with you and respond to your enquiries, provide customer support, protect the platform and our users from spam, fraud and abuse, and operate, improve and optimise our services and for purposes otherwise set out in our Privacy Policy at https://brndd.com.au/privacy.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to third party cloud providers located in countries where our hosting, analytics, advertising, email, security, affiliate, customer support and infrastructure providers operate.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@brndd.com.au.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
3. Nature of the BRNDD Platform
BRNDD is a discovery platform. Our role is to help you find independent and emerging fashion brands and products that may be relevant to your stated preferences. BRNDD does not manufacture, sell, ship, return, refund or otherwise fulfil any product listed on the platform. All purchases of products are transactions between you and the relevant third-party brand, retailer or marketplace (each a __Brand__).
We are not a party to any contract of sale formed between you and a Brand, and we do not act as the agent of either you or any Brand in respect of any sale. The terms of any sale (including pricing, taxes, shipping, returns, warranties, defects, sizing accuracy, materials and product safety) are governed by the relevant Brand's own terms and conditions and applicable consumer law.
4. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
5. Brand information and third-party consent
A core function of the platform is to display information about Brands and their products that has been supplied to BRNDD by, or sourced from, those Brands or other third parties (__Brand Information__). Brand Information may include, without limitation: brand names, logos and trade marks; product names, descriptions, photographs and videos; pricing and currency; sizing, fit, materials, fabric composition and care instructions; country of design and country of manufacture; shipping origins, methods, costs, timeframes and return policies; stock and availability; sustainability, ethical, environmental, social, certification or origin claims (such as 'organic', 'recycled', 'cruelty-free', 'carbon neutral', 'B Corp', or similar); and any other information presented on the platform that relates to a Brand or its products.
You acknowledge and agree that:
- BRNDD does not author, generate, produce or independently verify Brand Information. Brand Information is supplied by Brands or third parties, or collected from publicly available sources, and is presented on the platform on that basis;
- BRNDD does not represent or warrant that any Brand Information is accurate, current, complete, reliable, lawful, non-infringing, suitable for any purpose, or free from error;
- BRNDD does not endorse any Brand or any Brand Information, and the inclusion of a Brand on the platform does not constitute an endorsement by BRNDD of that Brand or any of its products, claims, or practices;
- sustainability, ethical, environmental, social and similar claims displayed on the platform are claims made by the relevant Brand. BRNDD does not audit, certify, test or independently substantiate those claims and makes no representation as to their accuracy. You should make your own enquiries if those claims are material to your purchase decision;
- tags, badges, filter values and categorisations applied on the platform (including, for example, sustainability tags, size tags, price tier tags, and shipping origin tags) are derived from Brand Information or applied as an editorial classification. They are intended to assist discovery and are not a certification, audit or guarantee; and
- Brand Information may change at any time without notice and may differ from the information shown on the Brand's own website at the point of purchase. The Brand's own website prevails in the event of any discrepancy.
To the maximum extent permitted by law, including the Australian Consumer Law, BRNDD is not liable for any loss, damage, cost, expense, claim or liability of any kind (whether direct, indirect, consequential, foreseeable or otherwise) arising out of or in connection with any Brand Information, including any inaccuracy, omission, misrepresentation or change in Brand Information, or any reliance you place on it.
Any recommendations, rankings, match scores, suggested brands or products, tags, badges, filter values and other discovery outputs presented on the platform are generated to assist your discovery and are based on your stated preferences, your activity on the platform and Brand Information. They are provided as a discovery aid and for general guidance only. We do not warrant that any recommendation, ranking, tag, badge or filter result is accurate, complete, current or suitable for your particular needs, and they are not a recommendation that you purchase any product or deal with any Brand. You should make your own enquiries and assessment before relying on them or making a purchase.
If you become aware of Brand Information on the platform that you believe is inaccurate, misleading, infringing or otherwise objectionable, please contact us using the details in the Privacy Policy and we will consider the matter in accordance with our internal processes.
6. Affiliate links and third-party transactions
The platform may contain links that direct you to a Brand's own website or a third-party retailer for the purpose of completing a transaction (__Outbound Links__). Some Outbound Links are affiliate or partnership links, which means that BRNDD may earn a commission or other fee if you complete a qualifying action (such as a purchase) on the destination site. The use of an Outbound Link does not change the price you pay.
Once you click an Outbound Link, you leave the platform and any subsequent activity is governed by the terms, conditions and privacy policy of the destination site. To the maximum extent permitted by law, BRNDD is not responsible for, and is not liable in respect of:
- the operation, content, products or services of the destination site;
- any contract of sale between you and the relevant Brand or retailer, or the performance of that contract (including delivery, returns, refunds, exchanges, defects, sizing or product quality);
- any failure to deliver, fulfil or honour any order placed on a destination site, including where a Brand becomes insolvent, ceases to trade or removes a product;
- any loss arising from chargebacks, fraud, payment disputes or unauthorised use of payment instruments on a destination site; or
- any change to a Brand's pricing, stock, terms or representations after you click an Outbound Link.
Nothing in this clause limits your rights against the relevant Brand or retailer under the Australian Consumer Law or any other law that cannot be excluded.
7. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
8. User content
The platform allows you to create, save, share or otherwise contribute content, including boards, collections, saves, follows, comments, reviews, profile information and other materials (__User Content__).
You retain ownership of any intellectual property rights you hold in your User Content. By submitting User Content to the platform, you grant BRNDD a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to use, reproduce, modify, adapt, publish, display and distribute that User Content for the purpose of operating, providing, promoting and improving the platform and BRNDD's business. This licence continues for as long as your User Content is hosted by us, including in caches and backups.
You represent and warrant that:
- you own, or have all necessary rights to grant the licence in, your User Content;
- your User Content does not infringe the intellectual property, privacy, publicity or other rights of any third party;
- your User Content is accurate and not misleading or deceptive; and
- your User Content complies with these Terms and applicable law.
We may, in our sole discretion and without notice, remove, edit, refuse to publish or take down any User Content that we consider violates these Terms, infringes any third-party right, or is otherwise inappropriate.
9. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
10. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
11. Permitted use
Except where you have entered into a separate written agreement with us (such as a Brand Partner Agreement, affiliate agreement, or commercial partnership), the platform is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, scrape, data-mine, sell, resell, frame, mirror, train artificial intelligence or machine learning models on, create derivative works from, transfer or otherwise commercially exploit the platform, the Content or any data, listings or imagery accessible through the platform, without our prior written consent.
Brands and other commercial partners that wish to use the platform commercially must enter into a separate Brand Partner Agreement or other written agreement with us, which will govern their commercial use.
12. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
- attempting to gain unauthorised access to, interfere with, disrupt or circumvent any authentication, account security, bot-detection or bot-protection, rate-limiting, access control or other security or technical measure that protects the platform or controls access to any part of it;
- using any automated means (including bots, scrapers, crawlers or scripts) to access, collect or interact with the platform, except for general-purpose internet search engines and non-commercial public archives that comply with our robots.txt file; or
- using the platform, the Content or any data accessible through the platform to train, fine-tune, evaluate or otherwise develop any artificial intelligence or machine learning model, without our prior written consent.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
13. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
We may also add, change, suspend, remove or discontinue any feature, functionality, content or part of the platform (including discovery features, filters, tags, boards or Brand listings) at any time, with or without notice. We do not guarantee that the platform or any particular feature will always be available, uninterrupted or error-free.
Nothing in these Terms is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
14. Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense — irrespective of the manner in which it occurs — which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Without limiting the above, and to the maximum extent permitted by law, we are not liable for any loss, damage, cost or expense arising out of or in connection with: any Brand Information or your reliance on it; any recommendation, ranking, match score, tag, badge or filter result; any Outbound Link, or any transaction, dealing or dispute between you and a Brand or retailer; any act or omission of a Brand, retailer or other third party; any User Content; or any unavailability, suspension of, change to, or discontinuance of the platform or any feature.
To the extent that the Australian Consumer Law applies and the goods or services we supply are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a guarantee that cannot lawfully be excluded (other than a guarantee under sections 51 to 53 of the Australian Consumer Law) is limited, at our option, to: in the case of services, the resupply of the services or the payment of the cost of resupplying them; and in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the cost of doing so. This clause does not apply to the extent that it is not permitted by law.
15. Indemnity
To the maximum extent permitted by law, you indemnify us, our related bodies corporate, and our directors, officers, employees and agents against all loss, damage, cost, expense and liability (including legal costs on a full indemnity basis) suffered or incurred by any of those parties arising out of or in connection with your use of the platform in breach of these Terms, your User Content, your breach of any law, or any third-party claim arising from any of the foregoing.
16. Changes to these Terms
We may amend these Terms from time to time by posting an updated version on the platform. Where the change is material, we will take reasonable steps to notify you (for example, by email or in-product notice). Your continued use of the platform after the amended Terms take effect constitutes your acceptance of those amended Terms. If you do not agree to the amended Terms, you must stop using the platform and may close your account.
17. Termination
You may terminate your use of the platform at any time by closing your account in accordance with the Privacy Policy.
We may suspend or terminate your access to the platform, or close your account, at any time and for any reason, including where we reasonably believe you have breached these Terms or applicable law. On termination, the licences granted to you under these Terms cease, but the licences you have granted to us in respect of User Content, and any clauses that by their nature are intended to survive termination (including the Brand Information, Affiliate Links, User Content, Intellectual Property, Permitted Use, Warranties, Liability, Indemnity and Jurisdiction clauses), will continue in force.
18. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.