Terms of service

1. Introduction

Welcome to Modern Viking Pty Ltd ("Modern Viking," "we," "us," or "our"). We provide our services through our website www.modernviking.com.au (the "Site"), which allows users to purchase products and access content related to our offerings. These Terms of Service govern your use of our Site and services.

By accessing or using our Site, you automatically agree to be bound by these Terms, whether or not you create an account or complete a purchase.

2. Agreement to Terms

By using our Site, making a purchase, or creating an account, you acknowledge and accept these Terms of Service, our Privacy Policy, and our Liability Disclaimer.

If you do not agree to these Terms, you must not use our Site.

You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase from our Site.

3. Changes to Terms and Services

We reserve the right to update, modify, or discontinue any part of these Terms at our discretion. Changes take effect immediately upon posting.

We may notify you of significant updates via email or a notice on our Site. Your continued use of our Site constitutes acceptance of any revised Terms.

4. Account Registration & Security

  • You are responsible for maintaining the confidentiality of your account information.
  • You are responsible for all activities that occur under your account.
  • We reserve the right to suspend or terminate your account at our discretion if we suspect fraud, misuse, or a violation of these Terms.
  • Notify us immediately at support@modernviking.com.au if you suspect any unauthorized access to your account.

5. Intellectual Property Rights

All content on our Site, including text, graphics, logos, images, and product designs, is the property of Modern Viking or its content suppliers, protected by international copyright laws.

🔹 You may not:

  • Copy, reproduce, distribute, or modify any content without our written permission.
  • Use our brand name, logos, or intellectual property for commercial purposes without authorization.

🔹 Exceptions:

  • You may share product images for personal use or reviews if you credit Modern Viking as the source.

6. Prohibited Conduct

When using our Site, you agree not to:

  • Violate any Australian or international laws.
  • Use our products for illegal, harmful, or violent purposes.
  • Distribute malicious software, spam, or harmful code.
  • Attempt to hack, disrupt, or modify our Site.

We reserve the right to restrict access, cancel orders, or take legal action against users who violate these rules.

7. Purchases & Payments

  • All prices are listed in Australian Dollars (AUD) unless stated otherwise.
  • We reserve the right to change our prices at any time without prior notice.
  • By purchasing, you confirm that:
    ✅ You are legally allowed to buy and use the product.
    ✅ You accept full responsibility for compliance with your local laws.
    ✅ You understand that Modern Viking is not responsible for legal restrictions in your area.

🔹 Accepted Payments:
We accept Visa, Mastercard, PayPal, Afterpay, and other approved payment methods.

8. Cancellations, Returns & Refunds

Our Return & Refund Policy (available here) is incorporated into these Terms.

🔹 Key Terms:

  • Refunds will not be issued for orders confiscated by customs or seized due to local laws.
  • Returns are only accepted for defective products (per Australian Consumer Law).
  • Used, modified, or damaged products cannot be returned.

9. Third-Party Links & Services

Our Site may contain links to third-party websites. These are provided for convenience only, and we do not endorse or take responsibility for their content, policies, or services.

10. Disclaimer of Warranties

Our products and services are provided 'AS IS' and 'AS AVAILABLE' without warranties of any kind.

  • We do not guarantee that our products will be free of defects, fit for a particular purpose, or legally permitted in your region.
  • Modern Viking is not responsible for any injury, damages, or legal consequences arising from product use.

11. Limitation of Liability

  • Modern Viking is not liable for direct, indirect, incidental, or consequential damages, including personal injury, property damage, lost profits, or legal claims related to product use.
  • We are not responsible for any issues arising from misuse, improper handling, or accidents involving our products.
  • If any part of this limitation is deemed unenforceable, our total liability shall not exceed the amount paid for the product.

12. Indemnification (Buyer Covers Legal Fees)

By purchasing from Modern Viking, you agree to indemnify, defend, and hold harmless our company, officers, employees, and affiliates from any claims, lawsuits, or financial liabilities arising from:

✅ Your misuse of our products.
✅ Your violation of any local laws.
✅ Any legal action taken against Modern Viking due to your use of our products.

If a legal dispute arises, you agree to pay all legal costs incurred by Modern Viking.

13. Dispute Resolution & Governing Law

  • Any disputes shall be resolved through binding arbitration in New South Wales, Australia before litigation.
  • You agree to submit to the exclusive jurisdiction of NSW courts if arbitration fails.
  • Modern Viking shall not be responsible for legal costs incurred by customers filing complaints.

14. Severability

If any part of these Terms is found invalid or unenforceable, the remaining Terms will remain in effect.

15. Termination of Services

We reserve the right to terminate your access to our Site at any time, for any reason, including but not limited to violations of these Terms.

16. Contact Information

If you have any questions about these Terms, please contact:
📧 support@modernviking.com.au