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Terms of Use and Privacy

 

NOTICE FOR EU USERS OF GONGSHOWGEAR.COM AND EU CUSTOMERS OF GONGSHOW GEAR INC.:

The Terms of Use and Privacy Policy incorporated as part of the Terms of Use for Gongshow Gear Inc.’s website GONGSHOWGEAR.COM (“Terms & Policy”) has been updated with respect to European legislation in force as of May 25, 2018, referred to in the Terms & Policy as the “General Data Protection Regulation” or “GDPR”.

As an EU user or customer, if you wish to continue to use this website (gongshowgear.com) you must acknowledge that you have read and understood the Terms & Policy and that you consent to Gongshow Gear Inc. (othewise referred to herein as “Gongshow”) using your personal information (data) in accordance with the Terms & Policy. If you are not sure you understand the Terms & Policy as written in the English language, we recommend that You obtain assistance to translate the Terms & Policy before providing your consent for Gongshow to collect your personal information/data. For any questions or inquiries regarding the collection and handling of personal information/data by Gongshow, please contact the representative identified in our Privacy Policy.

If EU users or customers elect to use the independently operated websites of distributors, which Gongshow has authorized to sell GONGSHOW® products in Europe at: gongshowgear.dk, gongshowgear.se, gongshowgear.fi and gongshow.cz, please be advised that these distributors of GONGSHOW® products should be contacted directly regarding their own terms of use and privacy policies. Gongshow does not receive, collect, or otherwise use personal information/data collected by its European distributors, and all queries related to distributor sites should be directed to the operators of those sites.

WEBSITE TERMS OF USE

IMPORTANT! YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE AND DO NOT OTHERWISE PROVIDE US WITH YOUR PERSONAL INFORMATION/DATA.

These Terms of Use (otherwise referred to as “Terms & Policy”) are an agreement between you ("You") and Gongshow Gear Inc., its affiliates and related companies (individually and collectively “Gongshow”), for You to use Gongshow’s GONGSHOWGEAR.COM and GONGSHOWGEAR.CA websites (individually and collectively the “Website”) in exchange for Gongshow allowing You to access the Website and its features, and to purchase products and services provided by Gongshow in person or through the Website (collectively the “GONGSHOW® Products and Services”). By using the Website and/or the GONGSHOW® Products and Services, You agree to abide by the terms and conditions in these Terms of Use. If You do not accept the Terms of Use, then do not use the Website or purchase GONGSHOW® Products and Services. These Terms of Use, including, but not limited to Gongshow’s Privacy Policy and the Website may change from time to time. While it is generally your responsibility to check for such updates, Gongshow will provide notice of updates as specifically set out in the Terms of Use, or as otherwise as required by law.

PRIVACY

One of Gongshow’s top priorities is making sure that your personal information/data is safe. Please review Gongshow’s Privacy Policy, which further governs your use of the Website as part of our agreement under these Terms of Use.

Gongshow has no obligation to monitor the Website beyond what it may be required to do so in law. You agree, however, that Gongshow has the right to monitor the Website electronically from time to time and to disclose any information, in accordance with Gongshow’s Privacy Policy, as necessary to satisfy any law, regulation, or other governmental request, to operate this Website properly, or to protect itself or its account holders. Gongshow also reserves the right to refuse to post, or to remove any content, information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use.

LICENCE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Gongshow grants You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Website and GONGSHOW® Products and Services. This licence does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website, any GONGSHOW® Products and Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to You in these Terms of Use or any other service terms are reserved and retained by Gongshow or its licensors, suppliers, rights holders, or other content providers. No GONGSHOW® Products and Services, nor any part of any GONGSHOW® Products and Services or the Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Gongshow. You may not frame or use framing techniques to enclose any Trademark (as defined in these Terms of Use), or other proprietary information/content (including but not limited images, text, page layout, or form) obtained from or made by Gongshow without express written consent. You may not use any metatags or any other "hidden text" using Gongshow's name or Trademarks without the express written consent of Gongshow. You may not misuse the Website or the GONGSHOW® Products and Services as further defined in these Terms of Use. You may use the GONGSHOW® Products and Services only as permitted by law. The licences granted by Gongshow terminate if You do not comply with these Terms of Use or any other service terms provided to you in connection with GONGSHOW® Products and Services.

GONGSHOW PRODUCTS AND SERVICES DESCRIPTIONS

Gongshow attempts to be as accurate as possible with its product and service descriptions. However, Gongshow does not warrant that descriptions of the GONGSHOW® Products and Services or other content related to GONGSHOW® Products and Services is accurate, complete, reliable, current, or error-free. If a product offered by Gongshow itself is not as described, your sole remedy is to return it in an unused condition. Gongshow reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time, and without prior notice, to its descriptions of the GONGSHOW® Products and Services, warranties and prices, for any reason whatsoever, including without limitation to address errors, product discontinuation, cost adjustments, changing market conditions or any other business or regulatory factors.

JURISDICTIONAL RESTRICTIONS

The Website can be accessed from anywhere worldwide where there is access to the internet and where the Website has not been blocked by a third party. You understand that, due to governmental restrictions in some areas, some or all of the GONGSHOW® Products and Services may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. Gongshow reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any GONGSHOW® Products and Services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply. Gongshow does not represent or warrant that any GONGSHOW® Products and Services will be available for purchase by You through this Website, nor through the sites of its authorized distributors.  Where jurisdictional limitations affect You and your ability to access GONGSHOW® Products and Services, You agree not to attempt to redirect GONGSHOW® Products and Services from other jurisdictions to You and acknowledge that any initiative on your part to do so may be unlawful, and expose You to legal sanctions.

PRICING AND PAYMENT

Please note that Gongshow may not be able to confirm the price of an item until You order GONGSHOW® Products and Services. Despite Gongshow’s best efforts, a small number of the items in Gongshow’s catalogue may be mispriced. If an item's correct price is higher than Gongshow’s stated price, Gongshow will, at its discretion, either contact You for instructions before shipping or cancel your order and notify You of such cancellation.

You understand that You will have to provide credit card or other payment information (the “Information”) to Gongshow or its service providers in order to be able to purchase GONGSHOW® Products and Services. You represent that You have the authority to provide the Information and that the Information is or will be accurate and complete. Gongshow or its service providers will use the Information to charge You for any GONGSHOW® Products and Services that You ask to purchase. If You do not wish to provide the Information, Gongshow will not be able to process to your purchase request.

All prices are subject to applicable state/provincial, federal and harmonized sales and goods and services taxes, handling charges and shipping charges. All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, tariffs, customs and duties, all of which shall be paid and provided for solely by You.

YOUR ACCOUNT & CONSENT

You represent and warrant that if you use the Website, You are of age according to prescribed age of majority requirements where you reside and competent to set up an account with Gongshow, provide your consent as required by these Terms of Use and purchase products and services online (if you choose to do so) without the approval of another adult. If You create an account on or through the Website, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or devices with which you access the Website. You agree to accept responsibility for all activities that occur under your account or password, even if you designate or authorize another individual to use your account to purchase GONGSHOW® Products and Services, or otherwise participate in programs and offerings that Gongshow advertises or makes available to the public.

Gongshow may, from time to time, sell GONGSHOW® Products and Services for children, but it sells them to adults who are age of majority and who can purchase them with a credit card or other permitted payment method. If You have or care for a child under the age of majority according to the place of your residence, your child may only purchase GONGSHOW® Products and Services from this Website with your supervision and involvement as their parent or guardian. Gongshow reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any violation of the conditions relating to the use of your account.

By setting up an account with Gongshow or by consenting to the participation of others in any offerings or programs of Gongshow in connection with your account, You hereby consent to receiving electronic communications regarding Gongshow, including any offers and advertisements by Gongshow, to the email address you provide where the provision of implied consent is permitted under the law where you reside. If the You do not wish to receive such electronic communications, You should advise Gongshow as soon as possible following the establishment of your account and/or enrollment in an offering or program made available by Gongshow, by sending an e-mail to service@gongshowgear.com.

In instances where positive consent is required by law for You to receive further electronic messages from Gongshow after setting up your account, you will be prompted to provide consent and if you refuse to do so, this may affect your ability to participate in offerings and programs made available by Gongshow. 

For additional terms and conditions regarding your account, please go to the part of these Terms of Use outlining the GONGSHOW® Rewards Program and the Privacy Policy.

SOCIAL MEDIA CONTENT COMPETITION

To enter, entrants must upload a photo of themselves to Instagram or Twitter wearing a GONGSHOW® product / apparel, using the hashtag #GONGERNATION, #GONGSHOW or tag @gongshowgear. Privacy settings for Instagram and Twitter accounts must be public for entries to be viewed and accepted, so please ensure You have read the terms of use and privacy policies of the providers of such accounts and have consented to such terms of use and privacy policies before proceeding to use your social media accounts to post photos of yourself.

Employees of Gongshow and their immediate families are ineligible to enter. Entrants may enter as many times as they like.

The "Promotion Period" begins on the first day of every month, and ends on the last day of every month.

The prize winner will be notified with a comment on their eligible photo entry on Instagram by the 2nd business day of every month.

Gongshow assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure, theft, destruction, alteration, or unauthorised access to entries.

Gongshow’s decision is final and no correspondence will be entered into. Prizes cannot be varied or exchanged for cash and are not transferable.

REWARDS POINTS PROGRAM

The GONGER NATION™ REWARDS PROGRAM (“Rewards Program”) is a program and GONGSHOW® service designed by Gongshow to reward its customers for their loyalty and participation. The following information will additionally govern your participation in any and all Rewards Program offers:

  1. Eligibility: You will be automatically entered into the GONGSHOW® Rewards Program and be eligible to receive reward points (“Reward Points”) when you create an account with Gongshow and participate according the guidelines and criteria for the program. You may opt-out of participating in the Rewards Program at any time. Depending on the jurisdiction where you reside, You may not be eligible to participate in the Rewards Program.
  2. Privacy: By participating in the Rewards Program, You agree to Gongshow’s collection and use of your personal information/data and acknowledge that You have read and accepted Gongshow’s Privacy Policy
  3. Additional Loyalty Discount Offers: Provided that your email settings do not prevent You from participating in the Rewards Program, You will also be entitled to receive additional, exclusive Reward Points offerings and offers available only to the Rewards Program members. With every purchase, your status in the Rewards Program grows, increasing your pre-set rewards discounts. Moreover, this will also increase and improve your exclusive additional Rewards Points offers.
  4. Review Guidelines: One of the ways for You to earn Rewards Points is to submit product reviews about GONGSHOW® products. To ensure that reviews meet Gongshow’s eligibility criteria, all fields must be completed, and an honest paragraph about the product must be included. Gongshow cannot accept duplicate reviews, derogatory reviews about its products, or reviews which include your sensitive or special categories of personal information/data as set out in our Privacy Policy. If you have critical, constructive feedback about any GONGSHOW® products please contact Gongshow’s Customer Service Team. After submitting a product review under the Rewards Program, Gongshow will assess the review and allocate Rewards Points to your account. Rewards Points will only be received if the review meets the established criteria.
  5. Social Media Guidelines: You can also earn Rewards Points through social media. For instance, two (2) Rewards Points will be rewarded each time You “share” one of Gongshow’s products on its website via Facebook, Twitter, Google+, or Pinterest. That means You can earn up to eight (8) Rewards Points per product by “sharing” the same product on all four (4) social media platforms. You can in relation to your account “share” a maximum of five (5) products per day (i.e. You can earn up to forty (40) Rewards Points a day if You “share” five (5) products on all four (4) social media platforms).
  6. Changes to Rewards Program Status: The specific ways You can earn Rewards Points are subject to Gongshow’s right, at its sole discretion, to modify, suspend, cancel or otherwise revoke Rewards Points received through social media or the Website. Your specific entitlements may be revoked if You violate any law by your participation in the Rewards Program or by your acceptance/redemption of Rewards Points, or if You violate any of the guidelines and conditions for participating in the Rewards Program or receiving the benefit of Rewards Points. Without intending to limit the grounds upon which your entitlements may be revoked, You may not use robotic, automatic, macro, programmed (or the like) entry methods to artificially increase the Reward Points associated with your account. You also may lose your entitlements if You act in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. More general non-compliance with the conditions for having an account with Gongshow and other terms and conditions set out in these Terms of Use can be further grounds for revoking your entitlements under the Rewards Program and to the benefits of Rewards Points.
  7. Release and Right to Cancel Program: Consistent with the general limitation of liability and indemnity provisions of these Terms of Use, You agree that by participating in the Rewards Program and/or accepting to receive and redeem Rewards Points, You will release and hold harmless Gongshow, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss, or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly from the administration of the Rewards Program, Rewards Points and related activity. You also agree that Gongshow reserves the right to cancel the Rewards Program at any time in its sole discretion without having to provide any justification or advance notice for doing so. Gongshow will advise You of any changes to your Rewards Points or Reward Program entitlements as circumstances dictate or arise.
  8. Resolving Disputes: In the event of a dispute as to entries submitted by You and other participants using the same email account, You will be the authorized account subscriber if you are a natural person who is assigned the email address by an Internet access provider, on-line service provider, or other organization, which is responsible for assigning email addresses or the domain associated with the submitted email address. You as the authorized subscriber of the email account at the actual time of enrollment will be deemed to control the account and ensure compliance with the terms and conditions governing the Rewards Program and access to the benefits of Rewards Points. The Gongshow reserves the right to prosecute any fraudulent activities to the full extent of the law.

LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION, THE PROVINCE OF QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF LIABILITY MIGHT NOT APPLY TO YOU IN WHOLE OR IN PART, AND YOU MAY HAVE ADDITIONAL RIGHTS.


THE GONGSHOW® PRODUCTS AND SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY GONGSHOW THROUGH THE WEBSITE AND THE GONGSHOW® PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GONGSHOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE FITNESS FOR PURPOSE OF THE GONGSHOW® PRODUCTS AND SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH GONGSHOW® PRODUCTS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND GONGSHOW® PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND UNLESS OTHERWISE EXPRESSLY STATED BY GONGSHOW, GONGSHOW DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS OF PRODUCTS AND SERVICES, INFORMATION, CONTENT, AND MATERIALS FOR A PARTICULAR PURPOSE. GONGSHOW DOES NOT WARRANT THAT THE GONGSHOW® PRODUCTS AND SERVICES, INFORMATION, CONTENT, MATERIALS, OTHER PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH GONGSHOW® PRODUCTS AND SERVICES, VIA POST, COURIER, GROUND OR AIR DELIVERY, ITS SERVERS, EMAIL OR BY OTHER ELECTRONIC COMMUNICATION/TRANSMISSION, ARE FREE OF DEFECTS, CONTAMINANTS, VIRUSES, MALWARE, SPYWARE, OR OTHER HARMFUL ELEMENTS/COMPONENTS.

Gongshow makes no representations whatsoever about any other third party website or digital platform (“Third Party Site”) which You may access through this site. When You access a Third Party Site, You understand and acknowledge that it is operated by a person or legal entity that is independent from Gongshow, and that Gongshow has no control over the content on any such Third Party Site. In addition, a link to a Third Party Site does not mean that Gongshow endorses or accepts any responsibility for the content, or the use, of such Third Party Site. You are encouraged to review the terms of use and privacy policies of Third Party Sites and it is your responsibility to take precautions to ensure that whatever You select for your use by You is free of such items such as viruses, worms, trojans, and other items of a destructive nature.

GONGSHOW WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY, WITHOUT LIMITATION, FOR ANY COMPUTER, TELEPHONE, CABLE, NETWORK, SATELLITE, ELECTRONIC, OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, AVAILABILITY, OR GARBLED OR JUMBLED TRANSMISSIONS, OR SERVICE PROVIDER/INTERNET/WEBSITE USE (IN)ACCESSIBILITY OR (UN)AVAILABILITY, TRAFFIC CONGESTION, OR UNAUTHORIZED HUMAN INTERVENTION IN YOUR AFFAIRS OR WITH YOUR PROPERTY. GONGSHOW WILL ALSO NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ANY GONGSHOW® PRODUCTS AND SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OTHER PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH GONGSHOW® PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

INDEMNITY

You agree to defend, indemnify, release and hold Gongshow (which includes its affiliates and related companies) harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to the violation of these Terms of Use by You or users of your account, or in connection with the use of the Website, use of GONGSHOW® Products and Services or the placement or transmission of any information or other materials on the Website by You or users of your account, including but not limited to all claims resulting in connection with content You supply in your communication or engagement with Gongshow in any forum, medium or context.

RETURNS, EXCHANGES, REFUNDS, TITLE AND RISK OF LOSS

All items purchased from Gongshow are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Gongshow’s delivery to the carrier.

Gongshow does not take title to returned items until the item arrives at Gongshow’s fulfillment centre. All returns and exchanges are to be done according to Gongshow’s Returns & Exchanges policy, as may be amended from time to time.

COPYRIGHT NOTICE

All materials published or otherwise accessible through the Website including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the "Content") are protected by Canadian and international copyright laws, and are owned or controlled by Gongshow and any others which may own copyright or the party credited as the provider of the Content. All Website visitors and users shall abide by this copyright notice and all additional copyright notices, information, and restrictions contained in the Content. All Website visitors and users shall also abide by all additional copyright notices, information, and restrictions contained in any content accessed through the Website at Third Party Sites.

TRADEMARKS

The trademarks (word and service marks), logos and designs, domains, hash tags, other tags, icons and branding elements, including but not limited to, "GONGSHOW", "GONGSHOW GEAR", "GONGSHOW.COM", “GONGSHOWGEAR.COM” identifying or used in association with the products and services Gongshow offers (collectively the "Trademarks") as may or may not be displayed on the Website, are registered and unregistered Trademarks of Gongshow and others. Unless expressly permitted by Gongshow in writing, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website without the express written permission of Gongshow or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that Gongshow will aggressively enforce its trademark and other intellectual property rights to the fullest extent of the law, including seeking civil remedies and criminal prosecution.

COMMUNICATIONS

When You use any GONGSHOW® Products and Services or send email to Gongshow, You are communicating with Gongshow electronically and you thereby consent to receive communications from Gongshow electronically. Gongshow will communicate with You by email or by posting notices on the Website or through other forums and platforms used to communicate regarding Gongshow Products and Services. You agree that all agreements, notices, disclosures, and other communications that Gongshow provides to you electronically satisfy any legal requirement that such communications be in writing.

In addition to its Social Media Content Competitions and Rewards Points Program, Gongshow may, at its sole discretion from time to time, allow You and other users of the Website to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content You provide. Gongshow does not regularly review posted content, but reserves the right to remove or edit such content, but without any obligation to do so unless required by law.

If You do post content or submit content to Gongshow (and you are under no obligation to do so), You grant Gongshow a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media, unless such a grant is prohibited by law. You grant Gongshow and sublicencees the right to use the name that You submit in connection with such content, if they choose, unless such a grant is prohibited by law. You represent and warrant that You own, have an unrestricted license with an unrestricted right to sublicense, or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate the Terms & Policy and will not cause injury to any person or entity. Gongshow has the right, but not the obligation, except where otherwise prescribed in law, to monitor, edit or remove any record of your activity or content You post in relation to Gongshow, or GONGSHOW® Products and Services. Gongshow assumes no liability for any content posted by You or any third party.

#GONGSHOW, #GONGERNATION, other hashtags and tags Gongshow may, from time to time, encourage people to post photos and other content to third-party social media platforms (e.g. Twitter, Facebook, Instagram, etc.) displaying GONGSHOW® products and/or other content about or concerning Gongshow and “tagging” such content with Gongshow Trademarks such as #GONGSHOW or #GONGERNATION (collectively the “Gongshow Tags”). You have no obligation to post such content and should always consider the nature of any personal information/data You may include before publicizing content, even if only to a limited degree. Once publicized, you acknowledge and agree that such content posted by You, even if it contains personal information/data is not controlled by Gongshow. By posting such content to third-party social media platforms (i.e. Third Party Sites) and tagging such content with Gongshow Tags, and subject to the terms and conditions of those Third Party Sites, you grant Gongshow the same rights to this content as to the content that you submit directly to Gongshow, make the same representation and warranties regarding said content as being compliant with these Terms & Policy and the terms of use and policies of the Third Party Sites, and further agree to the same terms for the release of Gongshow from any liability and for the indemnification of Gongshow, as outlined above.

In instances where the GDPR applies, You do retain the right to request a copy of the personal information Gongshow does control or have processed about you and have such information addressed in accordance with Gongshow’s Privacy Policy.

RECOURSE

If You are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Gongshow in operating the Website (i.e. the Terms & Policy), your sole and exclusive remedy, unless as may be otherwise expressly stated, or available in law, is to discontinue using the Website, and/or follow the process(es) which apply to your circumstances in accordance with the Privacy Policy.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario and the applicable federal laws of Canada. In the event of a dispute, any formal actions shall proceed in a court of competent jurisdiction in Ottawa, Ontario. These Terms of Use expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced or re-enacted from time to time. Unless otherwise prescribed by law, You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Gongshow related to the Website, the use of GONGSHOW® Products and Services or theseTerms of Use and, where, applicable, You also agree to opt out of any class proceedings against Gongshow.

MISCELLANEOUS

These Terms of Use, including any and all documents (e.g. policies and programs) referenced, constitutes the entire agreement between Gongshow and You pertaining to the subject matter of these Terms of Use. Gongshow's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. Gongshow reserves the right to modify, supplement or supersede these Terms of Use at its sole option, at any time and without notice to You. These Terms of Use shall enure to the benefit of and be binding upon the parties and their respective heirs, administrators, executors, successors and permitted assigns. The parties have requested that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.


PRIVACY POLICY

At Gongshow Gear Inc. (“Gongshow”) we know how important it is to protect your personal information/data. Whether You are shopping with us online or in person we want to make every customer experience safe and secure. In keeping with that goal, we have developed these Terms of Use, including the following Privacy Policy to inform you, among other things about how we collect, use and safeguard personal information/data collected from you in person or through GONGSHOWGEAR.COM and GONGSHOWGEAR.CA (individually and collectively the “Website”), obtain your consent to do so and your rights to access and direct what happens to the personal information/data Gongshow collects. Other notices may be provided to You in respect of your personal information/data from time to time which flow from, expand upon, supplement, or notify you about revisions to this Privacy Policy.

For the information of EU residents, Gongshow is governed primarily by the laws of Canada (including federal and provincial laws), which has been assessed by the European Commission as providing adequate protection to the rights of individuals with respect to personal information/data. Gongshow has taken additional measures to ensure this Privacy Policy and its practices are also compliant with the General Data Protection Regulation (“GDPR”) in force as of May 25, 2018 to uphold the rights and interests of EU users of the Website and other EU individuals it conducts business with through the Website or otherwise.

HOW CAN I CONTACT GONGSHOW?

Gongshow is a Canadian company selling products and services internationally.  It is responsible for all personal information/data under its control, and does not control or process the personal information/data collected by its independently operated, authorized distributors.

Unless You are an EU resident, if You have any questions, concerns or complaints about this Privacy Policy please contact Gongshow as directed below.

Gongshow Gear Inc.
Attention: Privacy Manager
202-1568 Carling Avenue
Ottawa, Ontario K1Z 7M4
CANADA
1-613-792-1520
service@gongshowgear.com

 

For EU residents, in accordance with the GDPR, please contact our appointed representative in Europe, Data Protection Representative Limited (trading as DPR Group). The DPR Group has addresses in each of the EU countries. For more information on how to contact the DPR Group please consult the following linked documents available for download:

How to contact Gongshow Gear Inc. through their Data Protection Representative & Listing of DPR Group Addresses in the EU

For the purposes of this Privacy Policy reference to contacting Gongshow in respect of a request regarding your personal information/data is understood to also encompass contacting Gongshow’s representative in the EU as appropriate for the circumstances. Responses to your communication and/or investigations regarding your concerns will be made as quickly as possible and in all cases within prescribed time periods as may apply in the jurisdiction where you reside.

You also have the right to make a complaint to government established privacy commissioners and data protection supervising authorities at any time. Gongshow welcomes, however, the opportunity to directly, or through its appointed representative resolve any concerns you may have under this Privacy Policy in first instance.

COLLECTION AND USE OF PERSONAL INFORMATION/DATA

At Gongshow, two types of information us collected: personal information/data and non-personal information/data. In the case of personal information/data you consent for Gongshow to collect, use and maintain, it is important that this information is accurate and up to date. Accordingly, please advise Gongshow of any changes to your personal information/data so that we can address your inquiries and comply with our obligations to you under this Privacy Policy at all times.

With your consent we may use your personal information/data for a number of different purposes, for example to:

  • fulfill legal requirements imposed by law or regulation;
  • fulfill requests for products, information and provide customer services;
  • administer contests or promotions;
  • offer new products and services;
  • measure and improve the effectiveness of our Website or our marketing endeavors; and
  • tailor our online or on-site offerings to your preferences.

The type of personal information/data that Gongshow typically collects includes your name, address, phone number, and email address, as well as other information you voluntarily provide. Gongshow may also learn other personal information/data about you as a result of you communicating with Gongshow through the Website or on social media, such as your product interests and purchasing preferences. You can always choose not to provide us with any of your personal information/data, ask Gongshow to stop using your personal information/data whether it is collected through the Website or social media and even ask to have your personal information/data removed from our records. If, however, you make this choice we may not be able to provide you with the product, service, or information that You request.

Gongshow may also collect and summarize the personal information/data in a format that no longer identifies the individual for statistical purposes. This and other non-personal information/data is information, which as stored and accessed by Gongshow for a particular purpose and does not identify you as an individual. For example, Gongshow uses postal code information we collect removed from the specific addresses of customers to assist us with planning our advertising and promotional efforts. In other instances Gongshow may derive aggregated data from personal information/data which does not directly or indirectly reveal your identity.

Gongshow does not request or seek to collect any sensitive or special categories of personal information/data about You, such as information about your health, genetic and biometric make-up, criminal and offence records, race/ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, and trade union membership. Gongshow recommends that when participating in programs and other offerings using social media, or offering your reviews and opinions regarding GONGSHOW® Products and Services, that You exercise care not to include sensitive, personal information/data in your commentary. If you do provide such information/data of your own volition through the Website, such information/data will be removed from Gongshow’s records.

In no event will your personal information/data be used or disclosed for any other purposes other than those for which we collect it, as explained in this Privacy Policy, except with your consent, or as required by law.

YOUR IMPLIED CONSENT

In some cases, your consent is implied if we ask You to provide personal information/data to purchase or access GONGSHOW® Products and Services. For example, we can only deliver the product You have purchased if You provide us with your address and phone number.

YOUR EXPRESS CONSENT

In situations that do not relate to a specific product or service You have requested, we will ask You to give your express consent to use your personal information/data, for example, to advise You of products or services that may be of interest. You do not need to provide your consent in these instances in order to purchase or access GONGSHOW® Products and Services you request.

WITHDRAWING YOUR CONSENT

If you have "opted in" or subscribed to one of Gongshow’s newsletters or mailing lists, we will always provide you the opportunity to "opt out" or unsubscribe. For example, each email we send you will tell you how to decline further e-mail.

INFORMATION GONGSHOW COLLECTS FROM YOU

Listed here are some examples of personal information/data collection and use by Gongshow:

  1. ON-SITE/IN-PERSON PURCHASES

When You purchase a GONGSHOW® Product or Service on-site, You may need to provide us with contact and payment information (such as credit card information) so that we can process your request. Examples of when we need contact information include for the delivery of products (e.g. by mail or courier), for product returns and rebate requests. If we collect this information, we may also ask for your consent to use this information to send You promotional information on products and services.

  1. OUR WEBSITE

While using the Website, You may be asked to voluntarily provide certain personal information/data (such as your name, email address, postal address, telephone number, or credit card information). We use this information to complete your transaction and to provide for access to certain special features and functions of the Website. If You choose not to provide requested personal information/data, You will not be able to use certain features of the Website and you will not be able to engage in transactions through the Website.

With any of the services on Gongshow’s Website, we may also use your personal information/data to contact and correspond with You and to respond to your inquiries. With your express consent, we may send to You, from time to time, email or other communications regarding products or services we believe will interest You.

  1. SIGN-UP FOR NEWSLETTERS AND TO RECEIVE UPDATES

Gongshow also offers an e-newsletter and updates regarding its offerings. You can choose to subscribe to receive this information by visiting the Website or when connecting with Gongshow at a special event. To enroll, we will collect your contact information (such as name and email address). In this context, your personal information/data will only be used to send you the newsletter and/or information You have consented to receive from Gongshow.

  1. PARTICIPATION IN PROGRAMS, CONTESTS, AND OTHER PROMOTIONS

Gongshow may offer programs (e.g. Rewards Program), contests, ask You to participate in surveys linked to offered benefits and other promotions ("Promotion") through the Website, in stores or through one of our social media pages that may require registration. By participating in a Promotion, You are agreeing to the official guidelines or rules that govern that Promotion, and which may contain specific requirements of You, including, allowing the sponsor of the Promotion to use your name, voice and likeness in advertising associated with the Promotion. If you choose to participate in a Promotion, personal information/data may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner's list.

  1. WEBSITE USAGE DATA GONGSHOW COLLECTS

Like many other websites, we may elect to automatically collect certain technical website usage data, directly or indirectly through service providers, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time You access the Website, the Internet address of the website from which You linked directly to the Website, the operating system You are using, the sections of the Website You visit, the Website pages read and images viewed, and the content You download from the Website.

Such information may in some contexts be considered personal and used to bring to your attention offerings that may interest You according to your preferences (as may be derived from the Website usage data collected) and in other instances could be considered non-personal information/data used for Website and system administration purposes, and to improve the Website for general usage.

  1. COOKIES

The Website uses "cookies", a technology that installs a small amount of information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize You as a previous user of the Website (so you do not have to enter your billing information every time), to offer personalized webpage content and information for your use, to track your activity at the Website, to respond to your needs, and to otherwise facilitate your Website experience (e.g. purchases through Gongshow’s online store) and comply with legislation governing Gongshow’s ability to offer or restrict access to the Website and GONGSHOW® Products and Services. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website.

  1. TRACKING INFORMATION

Gongshow may use non-personal information/data to compile tracking information reports regarding Website user demographics, Website traffic patterns, and Website purchases, and then provide those reports to advertisers and others. None of the tracking information as generated in the reports can be connected to the identities or other personal information/data of individual users. Gongshow may also link tracking information with personal information/data voluntarily provided by Website users. Once such a link is made, all of the linked information is treated as personal information/data and will be used and disclosed only in accordance with this Privacy Policy.

In all cases, personal information/data will only be used for the purposes for which it was collected and You have the option at all times to request that we cease to use your personal information/data for a given purpose.

LINKS TO OTHER WEBSITES

Our Website may contain links to other websites, online platforms, or other Internet resources. When You click on one of those links You are contacting another entity or service provider (third party) who controls that website or Internet resource independent of Gongshow. Gongshow assumes no responsibility or liability for, or control over those other websites, platforms or Internet resources (“Third Party Sites”), or their collection, use and disclosure of your personal information/data.

We encourage You to read the privacy policies of Third Party Sites to learn how they collect and use personal information/data they collect about You.

DOES GONGSHOW DISCLOSE INFORMATION IT COLLECTS?

Gongshow does not sell your personal information/data. However we may share your information with third parties acting on our behalf (e.g. service providers) or as permitted or required by law.

Gongshow may receive your personal information/data from or share it with certain service providers in order to facilitate the sale of products and services, ship or otherwise provide products and services to You, verify, validate, manage and communicate information, and to address customer service matters. This sharing of information may also entail the export of information/data from where You reside or input the information to another jurisdiction. In the event of information/data transfer we will take steps in line with our legal obligations to ensure the transfer is to a service provider subject to laws and regimes that have achieved the recognition or approval of official bodies who assess the adequacy of information/data protections in other jurisdictions (e.g. European Commission recognition and participation in the US-EU Privacy Shield).

Service providers may perform a variety of functions including product shipping, information technology support, online payment and Rewards Points (e-commerce) system management, newsletter and social media feed distribution, to name a few. To reduce the risk of fraud or misuse of personal information/data, Gongshow may also verify your personal information/data, including but not limited to your address and credit card information, with the assistance of third party service providers.

We will use commercially reasonable efforts to ensure that your personal information/data is used in a manner that is consistent with this Privacy Policy and compliant with applicable laws. While we cannot in all instances control how a service provider processes personal information/data we use, export into our systems or provide to other service providers, if we discover that a service provider may not be operating in a manner consistent with this Privacy Policy we will clarify with that provider Gongshow’s concerns, seek to have any necessary adjustments made and/or reserve the option to cease working with a given provider and engage others instead.

If You do not wish Gongshow to provide your personal information to its service providers, we may be unable to process your transactions with Gongshow.

INFORMATION YOU DISCLOSE PUBLICLY OR ON SOCIAL MEDIA

If You create and/or publicly submit ideas, photographs, videos, audio recordings, questions, comments, suggestions, product reviews, or other content containing personal information/data, on the Website, blogs and message boards, social media channels and other public forums whether or not they are in whole or in part controlled by Gongshow (individually and collectively, "User Content"), such User Content may be stored, displayed, republished, distributed or otherwise used online or offline in any media or format and may or may not be attributed to You. Others operating Third Party Sites may have access to User Content and may have the ability to share it with third parties.

Please note that Gongshow does not control who will have access to information that you choose to make public, and cannot ensure that third parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that You make publicly available on the Website or what third parties do with information/data you share with them. As such, we always recommend You apply discernment with respect to the User Content You post, be aware of whether You are posting User Content publicly in a given context and inform yourself of Third Party Site terms of use and policies before publicly posting User Content.

By connecting with the Gongshow brands through our social media pages or accounts, or by posting User Content using Gongshow-created hashtags or other identifiers, You are providing your consent for Gongshow to use any personal information/data (including your name, voice and likeness) or other content you submit or make available through such sites for marketing and promotional purposes, including, but not limited to, incorporation into our marketing materials, without further notice or compensation.

LEGAL DISCLOSURE

Gongshow may disclose your personal information/data without your knowledge or consent in the following situations:

  • to a lawyer representing the organization;
  • to collect a debt You owe to the organization;
  • to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;
  • to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as required by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
  • to a government institution that has requested the information, identified its lawful authority to obtain the information, and indicates that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or suspects that the information relates to national security, the defence of Canada or the conduct of international affairs; or is for the purpose of administering any federal or provincial law;
  • to an investigative body named in any statute or regulation, or government institution on the organization’s initiative when the organization has reasonable grounds to believe that the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security, the defence of Canada or the conduct of international affairs;
  • if made by an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of any law;
  • in an emergency threatening an individual’s life, health, or security (the organization must inform the individual of the disclosure);
  • for statistical, scholarly study or research (where permitted by law and in accordance with any prescribed requirements for doing so, e.g. as may set by a government Privacy Commissioner or Supervising Authority before disclosing the information);
  • if it becomes or is legally deemed to be publicly available information/data and is not otherwise protected by law;
  • where the legitimate interests of Gongshow are involved and are not outweighed by your rights in a particular case
  • in any other circumstances prescribed by the laws applicable to where You reside

HOW DOES GONGSHOW PROTECT INFORMATION?

The security of your personal information/data is a high priority for Gongshow, while it is in our possession. Gongshow will maintain appropriate safeguards and current commercially acceptable security standards to protect your personal information/data, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse. Gongshow will also take commercially diligent steps to help continue to safeguard your personal information/data that we may transfer to a third party for processing, including but not limited to contractual and technological measures.

In the event of a breach of Gongshow’s systems or the systems of our service providers compromising your personal information/data we will assess the situation as soon as we become aware of the breach and take the appropriate steps required to contain and minimize the extent of the breach, advise You as appropriate and others as required by law, including but not limited to reporting the breach to authorities (e.g. Privacy Commissioner of Canada and applicable Supervising Authority in Europe).

HOW CAN I ACCESS AND VERIFY MY INFORMATION?

You can ask to review and update any of the information that we have retained, learn how we have used it, and to whom we have disclosed it, at any time, by contacting us at service@gongshowgear.com with your specific requests. If You are resident in the EU you should contact our representative in the EU, the DPR Group as provide for in this Privacy Policy. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity (which may require disclosure from You of additional personal information/data to Gongshow), You will be given reasonable access to your personal information/data, and will be entitled to challenge the accuracy and completeness of the information, to have it amended as appropriate, or request to have it removed (and/or transferred) from Gongshow’s possession entirely. You can also ask Gongshow to change your preferences regarding how we use or disclose your information, or let us know that You do not wish to receive any further communication from Gongshow.

In general there will be no fees associated with requests You make to access and direct the management of your personal information/data. If a request is more onerous than expected, Gongshow will advise You of any associated costs and ask You to confirm your request/instructions.

We will respond to all legitimate requests as soon as practicable.  If You feel we are taking too long to address any inquiries please contact us at the same email you originally sent your request to and copy your follow-up communication to: webmaster@gongshowgear.com. 

WHEN IS MY INFORMATION REMOVED?

Gongshow keeps your personal information/data only as long as needed to manage its legitimate interests, such as but not limited to providing you with continued service, to advise You of its products and services, or to meet any legal requirements. Gongshow follows retention standards that meet these requirements in accordance with applicable legislation and destroys information when it is no longer needed, or converts personal information/data into non-personal information/data.

You can also request to have your personal information/data removed from our records, subject to legal entitlements or requirements for continued retention of your personal information/data. For example, this may arise in connection with a verifiable government authority request, or warranty purposes, but Gongshow will honour your request compliant with applicable law, such as the GDPR for EU users of the Website.

WILL THE TERMS & POLICY CHANGE?

To accommodate changes in Gongshow’s offerings, technology and legal developments, the Terms & Policy may be revised from time to time. We may add, change, or remove portions of the Terms & Policy when needed and when otherwise, Gongshow, in its sole discretion, considers it appropriate to do so. Whenever Gongshow undertakes such updates, the date on the Terms & Policy will also be updated to indicate when the changes were made and notifications will be sent to You as Gongshow deems appropriate, without obligation to do so unless required by law.