Article 1 (Purpose)
The purpose of the Mwave Service Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) is to define the rights, obligations, and responsibilities of individual users and CJ ENM (hereinafter referred as the “Company”), as well as the procedures, conditions, and additional requirements, in relation to the use of the Mwave service (hereinafter referred to as “Mwave”, “Shop”, or “Service”) provided by the Company.
Article 2 (Definitions)
The terms used herein are defined as follows.
- 1. Services: All online services related to content and information offered on the Mwave website and the Shop
- 2. Users: Members and non-members who access the Mwave website and receive the Service offered by the Company pursuant to the Terms and Conditions
- 3. Members: Those who have joined the membership on the Mwave website and are entitled to use the services offered by Mwave
- 4. Paid products: Goods and services of the Company, which must be purchased at the preset prices by Users via the Service for their use
- 5. Shop: An online business site operated by the Company to enable Users to purchase paid products using information and telecommunications devices, such as computers, and the operator of the online Shop
- 6. Suspension of use: The Company’s action to restrict the use of the Service by a Member pursuant to the Terms and Conditions
- 7. Termination: Termination of the Service use contract by the Company or a Member
Article 3 (Posting and Explanation of the Terms and Conditions, Etc.)
- 1. The Company shall post the provisions of the Terms and Conditions, the names of the Company and CEO, the address of the principal business site (including the location of the site for handling consumer complaints and grievances), contact information (telephone number, fax number, and email address), the business license number, the online marketing business declaration number, the name of the personal information protection officer, etc., on the home page of the Mwave website for Users in an easy-to-recognize manner. The detailed provisions of the Terms and Conditions may be offered through a separate link.
- 2. The Company shall ensure that Users check the material provisions specified in the Terms and Conditions (subscription withdrawal, liability for delivery, refund conditions, etc.) and fully understand them prior to their agreement by offering such provisions through a separate link or popup window.
- 3. The Company shall install technical devices to allow Users to ask questions and receive feedback on the details about the Company and the Terms and Conditions.
Article 4 (Revision of the Terms and Conditions, Etc.)
- 1. The Company may revise the Terms and Conditions to the extent that such a revision does not violate related laws including the Content Industry Promotion Act, Act on the Consumer Protection in Electronic Commerce, Etc., Act on the Regulation of Terms and Conditions, Framework Act on Electronic Documents and Transactions, Electronic Financial Transactions Act, Digital Signature Act, Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Personal Information Protection Act, Act on Door-to-Door Sales, Etc., and Framework Act on Consumers.
- 2. To implement the revised Terms and Conditions, the Company is required to notify the application of such by posting the application date and revision background on the home page of its website along with the previous Terms and Conditions at least seven days prior to the application date until the date of application or through other means and to send the application date and revised provisions of importance to existing Members via email. As for the revisions that are unfavorable to the Members, the Company shall explicitly specify the application date and revision background, offer an easy-to-understand comparison of the provisions prior to and after the revision, and notify them at least 30 days prior to the application date of the revised Terms and Conditions until one day prior to the application date, and it shall individually send the notification of the revision via email, etc.
- 3. If revised, the revised Terms and Conditions shall apply to contracts concluded from the date of their implementation onwards only. The contracts concluded prior to their implementation shall follow the previous Terms and Conditions before their revision. The Company shall notify the revised Terms and Conditions to the User and verify the User’s consent to their implementation. The User may cancel the contract if he/she does not agree to their implementation. If the User fails to express his/her intention of refusal by the date of their implementation at the latest, he/she shall be considered to have consented to their implementation.
- 4. Any matters unspecified in and the interpretation of the Terms and Conditions shall conform to the Act on the Consumer Protection in Electronic Commerce, Etc.; Act on the Regulation of Terms and Conditions; Guidelines on Consumer Protection in Electronic Commerce, Etc., set by the Fair Trade Commission and related laws; and socially accepted commercial practices.
Chapter 2. Service Use Contract
Article 5 (Establishment of Contract)
- 2. The contract for using the Service (hereinafter referred to as the “Service Use Contract”) shall be considered to have been constituted at the point when the Company’s approval is delivered to the User.
Article 6 (Request for the Use of the Service)
- 1. The User who wishes to join the membership and use the Service shall make the request to join the membership under his/her email account connected to his/her social media channel.
- 2. The Company may request the submission of additional information for User identity authentication when the information submitted by the User, who made the request to join the membership under his/her email account connected to his/her social media channel, is deemed insufficient for approval.
Article 7 (Approval for the Request for the Use of the Service)
- 1. Unless otherwise notified, the request for the use of the Service pursuant to Article 6 herein shall be approved by the Company in the order of submission.
- 2. The Company may refuse to grant approval for any of the following cases and may postpone approval until related issues are resolved.
- ① When lacking sufficient equipment for the Service
- ② When experiencing technical difficulties
- ③ When deemed necessary for other reasons by the Company
- 3. The Company shall not grant approval for the request for the use of the Service in the following cases without separate notification.
- ① If the request was made under a borrowed name
- ② If false information was given in the request form
- ③ If the request was made with the purpose of harming the wellbeing of society and public morals
- ④ If the request fails to fulfill other conditions for the use of the Service specified by the Company
- ⑤ If the Service was altered by malware, bugs, etc., or if any defects in its system are found to have been abused illegally
- ⑥If the User was disqualified from the membership on the grounds prescribed in Article 37 (2), excluding those who were given approval for re-joining the membership by the Company after the lapse of three years from the point of disqualification from the membership on the grounds prescribed in Article 37 (2)
- ⑦ If the User is a Korean citizen under 14 or a non-Korean citizen under 16
Article 8 (Personal Information Protection)
- 2. The Company recommends Users not to disclose any personal information voluntarily via the bulletin, email, chat room, etc., as such information may be collected and used by others, and the Company shall not take responsibility for any related risks.
Article 9 (Consent to the Use of Personal Information)
- 1. The Company may collect the personal information of Users minimally required to provide the Service and request more detailed information if deemed necessary to fulfill obligations mandated by relevant laws.
Article 10 (Accessing and Altering Personal Information)
- 2. The Members are required to update any changes in their personal information online and shall take responsibility for all consequences resulting from the failure to update such changes.
Article 11 (Alteration of Information for Membership Approval)
The Company may request any Member to alter the social media account information needed for approval on legal grounds such as the prevention of illicit use, protection of other Members’ rights and the website’s network and systems, and compliance with other legal requirements with the prior explicit consent of the respective Member.
Article 12 (Notifications to the Members)
- 1. The Company may send notifications to the Members using the email address provided by the Members in advance and designated for such use (i.e., email address given at the point of joining the membership).
- 2. The Company may post notifications for many and unspecified Members on the Mwave bulletin over a minimum period of one week instead of sending such notifications individually. However, those matters deemed to be of significance to transactions of the Members shall be notified individually.
Chapter 3. Obligations of the Parties Hereto
Article 13 (Obligations of the Company)
- 1. The Company shall start providing the Service to the Members immediately after granting approval for the request to join the membership unless deterred by unavoidable reasons.
- 2. The Company shall strive to provide the Service on a continued and stable basis pursuant to the Terms and Conditions and immediately repair and restore any related equipment if it develops technical problems or is destroyed. Notwithstanding the preceding provision, the Company may suspend the provision of the Service if affected by force majeure events, emergencies, and other unavoidable circumstances.
- 3. If the Members file complaints or submit opinions pursuant to the preset guidelines and such complaints or opinions are recognized as legitimate, the Company shall handle such complaints or opinions through the proper procedures. If the handling of such complaints or opinions is projected to take an extended period of time, the Company shall notify the timeframe and related reasons to the Members.
- 4. The Company shall comply with the personal information handling guidelines prescribed in Articles 8 through 10 herein in relation to the protection of the personal information of the Members.
Article 14 (Obligations of the Members)
- 1. The Members shall comply with the Terms and Conditions while also checking and following the guidelines and notifications frequently posted on the Mwave website by the Company. The Members shall not obstruct the Company’s execution of tasks by failing to adhere to this provision.
- 2. Each Member is obligated to safely protect his/her email or social media account information. Each Member shall take full responsibility for any consequences related to negligence in managing his/her email or social media account information and any resulting unauthorized use of his/her email or social media account information.
- 3. The Members shall immediately report to the Company any suspicious signs of the unauthorized use of their email or social media account information and take full responsibility for any consequences related to the failure to report such unauthorized use.
- 4. The Members shall not engage in any business activities using the Service without the prior approval of the Company. The Company shall not be responsible for any consequences related to the Members’ business activities and acts in violation of the Terms and Conditions. Any damages inflicted on the Company by such business activities and acts shall be compensated by the respective Members.
- 5. The Members shall not disclose or use sound or video sources and other types of content provided by the Company as part of the Service for purposes other than personal use, such as the re-use of such content at public spaces and profit-making business sites or stores.
- 6. The Members shall not transfer or donate the rights to use the Service and other rights and obligations of the Members specified in the Service Use Contract to a third party or provide the said rights and obligations as security without explicit approval from the Company.
- 7. The Members shall not engage in the following acts in relation to the use of the Service.
- ① Act of using the email or social media account information of others
- ② Act of using the information or content provided by the Company for purposes other than personal use, disclosing or providing to media or a third party any copies of such information or content, or using such information or content in any similar manner without the prior approval of the Company
- ③ Act of distributing information that infringes on patent rights, trademark rights, trade secrets, and other intellectual property rights to a third party via email, etc.
- ④ Act of distributing obscene or offensive information, expressions, graphics, etc., that may harm the wellbeing of society and public morals via email etc.
- ⑤ Act of distributing insulting or threatening content that may infringe on the privacy of others via email, etc.
- ⑥ All acts objectively deemed to be related to crimes
- ⑦ Act of collecting or storing the personal information of other Users without the approval of the Company
- ⑧ Other acts in violation of relevant laws
Chapter 4. Use of the Service
Article 15 (Provision of Information)
- 1. The Company may provide a wide range of information deemed helpful to the Members.
- 2. The Company may provide information related to the Service via diverse means of communication to ensure an enhanced Service to the Members. However, if any Member expresses his/her refusal to receive such information, the Company shall exclude such Members from the list of recipients of such information. The Company shall not be held responsible for any disadvantages in relation to the use of the Service that may be incurred by such an exclusion.
- 3. Notwithstanding the provisions of paragraph 2, the Company may send relevant notifications regarding the revision of important sections of these terms and conditions, service termination and other essential notices that must be commuicated to the Members, regardless of the Members' intention to refuse such information.
Article 16 (Members’ Posted Materials, Etc.)
- 1. The Company may delete any content posted on Mwave by the Members without prior notification if such content is deemed to fall under any of the following subparagraphs.
- ① Content that slanders or damages the reputation of other Members or a third party
- ② Content that harms the wellbeing of society or public morals
- ③ Content deemed to be related to a criminal act
- ④Content that infringes on the rights of others, including intellectual property rights (e.g., the copyrights of the Company or a third party)
- ⑤ Content that has exceeded the posting period or capacity pre-defined by the Company
- ⑥ Obscene materials or links to obscene websites posted on the bulletin by the Members
- ⑦ Content deemed to be inconsistent with the purpose of the bulletin
- ⑧ Content deemed to be in violation of the Terms and Conditions in any manner
- 2. The Company may alter the database of the Members if deemed necessary due to unavoidable circumstances.
Article 17 (Copyrights to Posted Materials)
- 1. All rights and obligations in relation to posted content lie with the person who posted such content, and the Company shall not use such content for any commercial purposes other than the provision of the Service without the approval of the person who posted such content. Notwithstanding the preceding provision, the Company may use such content for non-profit purposes and has the right to post and edit such content to the extent allowable for the Service.
- 2. The Company is vested with the copyrights to the materials or Service prepared and posted on Mwave by the Company.
- 3. The Members are prohibited from processing and selling information or content obtained through the Service.
- 4. The Company may delete the posted materials of the Members whose membership is terminated voluntarily or by the Company on reasonable grounds.
Article 18 (Insertion of Advertisements and Transactions with Advertisers)
- 1. The Company may invest part of its advertising revenue into infrastructure for the Service. As such, Users shall give consent to being exposed to advertisements while using the Service.
- 2. The Company shall not take responsibility for any losses or damages inflicted on the Members as a result of their participation in advertisers’ sales promotion activities delivered through the Service or rendered as part of the Service or as a result of communications or transactions between the respective Members and advertisers.
Article 19 (Provision of Programs)
- 1. The Company may recommend the installation of separate programs required for the use of the Service (hereinafter referred to as “Software”), and the Members may refuse to install such Software.
- 2. The Company may collect and use data about Users’ computers and devices as an extension of its support provided to Users in relation to Software.
- 3. The Company is prohibited from using the data specified in Paragraph 1 hereinbefore for any purposes other than enhancing Software or providing Services or technological innovations suited for the user environment.
- 4. The Company may use the computer and network resources of certain Users as follows to more effectively transmit large volumes of data.
- ① Software may utilize Users’ computer network devices if needed.
- ② Software may utilize Users’ computer storage devices.
- ③ Software may be automatically activated on Users’ computers regardless of Users’ intention.
Article 20 (Time of Service Availability)
- 1. The Service is available 24 hours a day and every day of the year unless deterred by technical problems, regular inspections, and other unavoidable circumstances of the Company.
- 2. The Company may divide the Service into segments and designate the time of availability of each segment. In such cases, the Company shall notify the related timeframe to the Members.
Article 21 (Responsible Use of the Service)
The Members are prohibited from selling products using the Service provided by the Company or engage in any business activities through hacking, posting money-making advertisements or links to pornographic sites, distributing illicit software programs, etc. The Company shall not be responsible for any consequences resulting from such business activities, related losses, and penalties imposed by relevant authorities or other legal measures taken as a result of Users’ failure to comply with the provisions hereinbefore.
Article 22 (Suspension of the Provision of Online Services)
- 1. The Company may suspend the provision of the Online Services in the following cases.
- ① When repair, etc., is inevitable in relation to the Online Services equipment
- ② When major telecommunications service providers specified in the Telecommunications Business Act suspend the provision of telecommunications services
- ③ When other force majeure events occur
- 2. The Company may limit or suspend a part or the entirety of the Online Services if the normal provision of the Online Services is deemed difficult due to a state of national emergency, a blackout, technical problems in relation to the Online Services equipment, a large volume of Users accessing the Online Services, etc.
- 3. When limiting or suspending the Online Services pursuant to Paragraphs 1 and 2 hereinbefore, the Company shall immediately provide notification of the background and projected period of such a limitation and suspension.
- 4. The Company may alter a part or the entirety of the Online Services if such an alteration is required due to justifiable reasons such as its business operation or technical needs.
- 5. When altering the details, methods, time, etc., regarding the use of the Online Services pursuant to the preceding Paragraph, the Company shall post information about the changes to be made to the Online Services through such an alteration, the date of initiating the application of the altered Online Services, etc., on the home page of the Mwave website prior to such an alteration.
- 6. The Company may alter, modify, or suspend the Online Services offered free of charge if such an alteration, modification, or suspension is required due to justifiable reasons such as the business operation or technical needs of the Mwave website. Such an alteration, modification, or suspension shall be notified via the home page of the Mwave website. Unless otherwise specified in relevant laws, the Members shall not be compensated for such an alteration, modification, or suspension of such Online Services as they are free of charge.
Article 23 (Separate Terms and Conditions for Different Online Services)
Separate terms and conditions (or notifications) may apply, in addition to the Terms and Conditions, in relation to the use of different Online Services. If the provisions of such separate terms and conditions conflict with the provisions of the Terms and Conditions, those deemed most appropriate for the respective Online Service shall govern and control its use.
Article 24 (Special Regulations for Overseas Users)
- 1. The Company strives to comply with the laws and requirements of the respective countries of non-Korean citizen Users while offering standard Online Services universally accessible by all. The requirements prescribed in this Article apply to the Members who use the Online Services in countries other than the Republic of Korea.
- 2. In order for the Members and foreign Users to utilize the Mwave website and receive services provided by the Company, they shall give consent to the Company to collect data, including their personal information, and submit and preserve such data as required in Korea.
- 3. Users who reside in countries listed as a country subject to the prohibition of export-and-import transactions or subject to special economic sanctions by the Korean government are prohibited from participating in or using commercial Online Services (e.g., advertising, transactions, etc.).
- 4. Notwithstanding the provisions of paragraph 3, if Users reside in a country designated by the Korean government as a country subject to the prohibition of export-and-import transactions or subject to special economic sanctions, and they engage in commercial services such as purchasing products, requesting advertising services, etc. through the Mwave website, or in the event of a force majeure event such as war, natural disasters, etc., the Company may take measures at its discretion, including canceling orders, processing refunds, discontinuing the acceptance of mail.
Chapter 5. Use of the Shop
Article 25 (Provision and Alteration of the Shop Services)
- 1. The Shop engages in the following tasks.
- ① The provision of information in relation to goods and services and the conclusion of purchase contracts
- ② The delivery of goods and services purchased
- ③ Other tasks specified by the Shop
- 2. The Shop may alter the details of the goods or services to be provided pursuant to a contract if such goods or services are sold out or if the technical specifications of such goods or services are modified. The details of such goods or services subject to alteration and the date of initiating the application of the altered goods or services shall be immediately posted along with the current version of such goods or services.
- 3. If the details of the Online Services specified in the contract with the User to be offered by the Shop are required to be altered because the goods, etc., are sold out or technical specifications are changed, the background for such an alteration must be immediately notified to the User at the designated address.
- 4. Any damages inflicted on the User related to the reasons specified in the preceding Paragraph shall be compensated by the Shop. However, this shall not apply if the Shop proves such damages were not inflicted intentionally or by negligence.
Article 26 (Suspension of the Online Services)
- 1. The Shop may temporarily suspend the Online Services for reasons such as communication breakdown and the maintenance/repair, replacement, and breakdown of information and communication equipment (computers, etc.).
- 2. The Shop shall compensate damages inflicted on the User or a third party incurred by the temporary suspension of the Online Services for reasons specified in the preceding Paragraph. However, this shall not apply if the Shop proves such damages were not inflicted intentionally or by negligence.
- 3. If unable to provide the Online Services due to a move to a new business sector, the renouncement of the business, the merger of companies, etc., the Shop shall notify the Users through the process defined in Article 12 herein and compensate consumers based on the conditions originally offered by the Shop. However, if the Shop has not made notification of the compensation criteria, etc., in advance, the remaining points, etc., of Users shall be converted to the currency used in the Shop based on the preset point-to-currency rate, and Users shall be given cash or goods equivalent to the converted currency value.
Article 27 (Purchase Order for the Shop’s Services)
- 1. Users of the services offered by the Shop shall place a purchase order in the following method or an equivalent method via the Shop. The Shop shall provide related information on the following in an easy-to-understand manner for Users placing a purchase order.
- ① Searching for and selecting goods, etc.
- ② Typing in delivery information such as the name, address, contact information (mobile phone number, email address, etc.), etc., of the recipient
- ③ Confirming the provisions of the Terms and Conditions, services that restrict the right to subscription withdrawal, delivery charges, etc.
- ④ Giving consent to the Terms and Conditions and indicating the confirmation or rejection of the matters prescribed in the preceding Subparagraph (with a click of the mouse)
- ⑤ Submitting and confirming the purchase order for goods, etc., or giving consent to the Shop’s confirmation
- ⑥ Selecting the payment method
- 2. If required to provide the purchaser’s personal information to a third party, the Shop shall inform the purchaser of the identity of the receiver of such personal information, the purpose of the receiver for receiving such personal information, the items of such personal information provided, and the period of retention and use of such personal information by the receiver and attain the purchaser’s consent. (The same applies if any change is made to the abovementioned items after attaining the purchaser’s consent.)
Article 28 (Establishment of the Shop Use Contract)
- 1. The Shop may refuse to grant approval for any purchase order made pursuant to Article 27 herein if such an order falls under any of the following Subparagraphs. However, the Shop shall make notification that any contracts concluded with minors may be cancelled by such minors or their legal representatives unless the consent of such legal representatives has been attained in advance. Purchase orders may not be approved in the following cases.
- ① When the information provided is deemed to be false, have omissions, and/or be mistyped
- ② When minors attempt to purchase goods and/or services prohibited by the Youth Protection Act
- ③ When approval for a purchase order is deemed disruptive to the Shop system
- 2. The contract is deemed to be established at the point when the Shop’s approval reaches the User in the form of the order confirmation notification specified in Article 30 (1) herein.
- 3. The expression of the Shop’s approval shall also accompany the confirmation of the User’s purchase order and the possibility of the sale of the purchased product, information regarding the modification and cancellation of the purchase order, etc.
Article 29 (Payment Methods for the Use of the Shop)
The User may opt to use any of the following payment methods to make a payment for the goods or services purchased from the Shop. The Shop shall not impose any additional charges on top of the price of the goods, etc., under any pretext in relation to the payment method selected by the User. If the User’s credit card or other payment instrument accepted by the Mwave website fails to complete the payment, the respective purchase order shall not be established.
- ① Account transfers via phone banking, online banking, mail banking, etc.
- ② Card payment using prepaid cards, debit cards, credit cards, etc.
- ③ Online cash remittance
- ④Payment with electronic currency
- ⑤ Payment upon product receipt
- ⑥ Payment with points (mileage, etc.) offered by the Shop
- ⑦ Payment with gift certificates partnering with and recognized by the Shop
- ⑧ Other types of electronic payments
Article 30 (Order Confirmation Notification and Purchase Order Alteration and Cancellation)
- 1. The Shop shall send an order confirmation notification to the User after he/she places a purchase order.
- 2. If the User discovers any inconsistency in communication, etc., in the order confirmation notification, he/she may request a purchase order alteration or cancellation immediately after receiving such a notification.
- 3. The User who purchases signed CDs and MEET & GREET products may cancel the purchase by accessing “Order” under “My Page” while such products are being marketed. However, due to the nature of such products, the purchase (order) cancellation for such products must be submitted at least 30 minutes prior to the start of the livestreaming of the respective MEET & GREET event.
- 4. If the User submits any request prior to delivery, the Shop shall immediately take action in accordance with the respective request. However, if the payment has already been completed, the provisions in Article 33 herein shall apply.
Article 31 (Supply and Delivery of Goods, Etc.)
- 1. Signed CDs and MEET & GREET products shall be delivered as follows. However, the delivery time may be extended if any setbacks are experienced in the delivery option selected by the User due to flight cancellation and reduction incurred by force majeure events (natural disasters, war, pandemic, adverse weather conditions, etc.).
Because the availability for delivery changes frequently, there may be cases when the delivery is not possible with the delivery option selected by the User at the time of ordering without notice. If you change to other shipping means that is available for delivery, additional charges may occur. If there is no changeable means of shipping, delivery may take longer or may not be possible.
- - The Shop receives CDs signed by artists (3-4 weeks).
*The timeframe may vary in accordance with each artist’s schedule.
- - Classification and packaging of products for shipping (5-7 days).
- - The packages are delivered to the forwarder and processed (Depending on the shipping company selected at the time of purchase).
- - The Shop receives CDs signed by artists (3-4 weeks).
- 2. The Shop shall explicitly specify the delivery means, the party responsible for delivery charges for each delivery means, the delivery time for each delivery means, etc., for the product purchased by the User. If the actual delivery time exceeds the specified delivery time due to reasons attributable to the Shop’s intention or gross negligence, the Shop shall compensate damages inflicted on the User due to the delay. However, this shall not apply if the Shop proves such a delay was not intentional nor guilty of gross negligence.
- 3. The Shop shall post the delivery timeframe set in relation to the traits of individual products (e.g., signed CDs produced-to-order) and other information, if any, on the Mwave website. If matters of significance that require special guidance or matters resulting from force majeure events occur in relation to delivery, the Shop shall provide notification of the related developments through the method specified in Article 12 herein.
- 4. The Shop shall provide notification of the delivery method and projected delivery date to the User. The User shall recognize that delivery may take approximately 4-6 weeks or longer based on international shipping conditions and give his/her consent. (*Please note that certain countries may be designated as a country subject to delayed delivery procedures under special circumstances.)
- 5. The Shop utilizes international shipping services locally sourced in individual countries. For those Users who opt for the delivery method offering tracking service, the Shop shall provide the tracking number to such individual Users.
- 6. The User shall contact the Shop through “Inquiries” on the Mwave website prior to the start of delivery if the delivery destination needs to be altered. When using international shipping services, the User shall be responsible for all customs duties and taxes applied to the address of the delivery destination designated by the User.
- 7. If it is deemed that normal delivery of product (delivery of goods) is not possible due to the “User’s error entering the wrong delivery address” or the User being out of contact during the delivery of product, the product will be returned or disposed of after storage for a certain period of time in accordance to the policy of the local shipping company. However, the cost of storage and disposal is borne by the Shop, but the User cannot request the Shop to re-deliver the same product.
- 8. However, in the event of the User (recipient) being out of contact in the preceding Paragraph, the Shop will take the best action in accordance to the policy of the local shipping company so that the User can receive the product. If contact with the User is reached after the product is disposed of, when the User requests through “Inquiries” on the Mwave website for a detailed record of attempts made for delivery, the Shop will provide a detailed record of attempts made in regards to delivery (contact attempts, etc.) and record of delivery attempts by the shipping company, product storage and disposal attempts, etc.
- *Products such as Mwave signed CDs are produced-to-order and cannot be resold over time. Unlike delivery of product (large volume), in the case of return, because it is carried out individually, it may vary in accordance with each country’s shipping company, but the cost of return may be at least twice the initial cost of delivery of product. Also, in accordance to the policy of the local shipping company, it may be returned or disposed of after a short-term storage (storage period varies by country and company), in this case, please note that the amount paid at the time of order is non-refundable. After customs duties are paid, if the product is re-delivered after being returned due to the User being out of contact, customs duties may be additionally charged to the User.
- 9. If the product is lost or damaged during delivery due to reasons attributable to the shipping company, the Shop, subject of the delivery contract, appeals to the shipping company and receives compensation for the loss and re-delivers the ordered product to the User. If there is no stock for re-delivery, the said reason is notified to the User and a refund is processed to the User.
Article 32 (Refund)
- 1. If the product purchased by the User cannot be delivered due to product shortage, product defect, etc., the Shop shall provide notification of the reason for non-delivery to the User without delay. If the payment for goods, etc., has already been made, the Shop shall provide a refund within three business days from the payment date or take appropriate measures required for the refund.
- 2. If the Shop fails to send the purchased product within 90 days from the payment date for reasons attributable to the Shop or without justifiable reasons, the entire amount paid, including delivery charges, shall be refunded through the payment method used by the User, and points (10% of the product price excluding delivery charges) shall be given as compensation.
- 3. If delivery is delayed or suspended due to force majeure events such as war, natural disasters, pandemic, and international disputes (unless forbidden by relevant laws), the purchase is not eligible for a refund, and delivery shall be resumed after the respective force majeure event is resolved. However, if the product has been destroyed, damaged, etc., due to force majeure events and cannot be replaced with the same product, the entire amount paid, including delivery charges, shall be compensated with points.
Article 33 (Purchase Contract Withdrawal, Etc.)
- 1. The User who concludes the contract to purchase goods, etc., with the Shop may withdraw the purchase contract within seven days from the date of receiving the contract in written form (or from the date of receiving such goods, etc., or from the date of initiating the delivery of such goods, etc., if the delivery of the contract in written form is followed by the delivery of such goods, etc.) pursuant to Article 13 (2) of the Act on the Consumer Protection in Electronic Commerce, Etc. However, if the same Act stipulates provisions that describe purchase contract withdrawal otherwise, such provisions shall govern and control such a withdrawal.
- 2. Products marketed on the Shop are returnable and exchangeable, except for those that fall under the following Subparagraphs.
- ① Goods, etc., that have been destroyed or damaged due to reasons attributable to the User (However, purchase contract withdrawal is allowed if the package, etc., has been damaged to identify the condition of goods, etc.)
- ② The value of goods, etc., has been substantially reduced due to the use or partial consumption of such goods, etc., by the User
- ③ The value of goods, etc., has been substantially reduced due to the lapse of time to the extent that such goods, etc., cannot be marketed again
- ④ Goods, etc., that have a high risk of being reproduced, and the package of such goods, etc., has been damaged
- ⑤ Goods or similar goods, etc., that are individually produced according to the order of the User.
- *Please note that CDs signed by artists and signed MEET & GREET CDs marketed on the Shop fall under Subparagraphs 2 through 5 of the preceding Paragraph of this Article, because their outer plastic package is removed for artists to sign their covers, such CDs are produced-to-order and practically impossible to be marketed on the Shop again due to extensive international shipping time, and the risk of CD reproduction is high. Since the said CD proceeds into the production of signature immediately after the sales period closes, please keep in mind that when making a purchase, it is impossible to cancel the order and they are non-returnable and non-exchangeable after the sales period is closed.
- 3. Notwithstanding Subparagraphs 2 through 4 of the preceding Paragraph, if the Shop has failed to take necessary related measures, such as placing the description for the restriction of purchase contract withdrawal, etc., in an easy-to-recognize position or offering samples for trial, the User’s purchase contract withdrawal, etc., shall not be restricted.
- 4. Notwithstanding Paragraphs 1 and 2 herein, if goods, etc., differ from the descriptions offered in advertisements or are inconsistent with the provisions of the contract, the User may withdraw the purchase contract, etc., within three months from the date of receiving such goods, etc., or within 30 days from the date of recognizing or becoming capable of recognizing such a fact.
- 5. The User shall request the return and refund of the product via “Contact Us” on the Mwave website within five business days from the date of receiving the product if any defect is discovered.
- ① If any defect is discovered, the User shall submit the order number, description of the defect, and photos of the product with the defect via “Contact Us” on the Mwave website. For the return and refund of the product to be processed, the Shop must recognize and accept the defect claimed and submitted by the User.
- ② The User shall send the product to the Shop only after attaining the Shop’s consent to the return and refund. The Shop shall not take responsibility for any product returned without its prior consent.
- ③ After attaining the Shop’s consent, the User shall pack the product to be returned safely and send it to the address given by the Shop via standard air mail at the nearest post office. The Shop shall examine the returned product for the claimed defect, and, if the product is recognized and accepted to be defective, the Shop shall take reasonable measures to process the return and refund.
- ④ The Shop shall assume delivery charges for a return only when the Shop recognizes and accepts it to be reasonable.
- ⑤ Even if the return due to the claimed defect is recognized and accepted as reasonable by the Shop, the Shop will make a refund to the User if the respective product is sold out or out of stock and thus cannot be replaced.
Article 34 (Effects of Purchase Contract Withdrawal, Etc.)
- 1. The Shop shall return any payment for goods, etc., within three business days from the date of receiving such goods, etc., returned by the User. If the Shop delays the refund of goods, etc., to the User, it shall pay interest for the delayed period calculated based on the late payment interest rate specified in Article 21-2 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, Etc.
- 2. If the User has paid with a credit card or electronic currency for goods, etc., the Shop shall immediately request the operator of the respective payment method not to bill the User for such returned goods, etc.
- 3. The User shall assume the costs of returning the goods, etc., for purchase contract withdrawal, etc. The Shop shall not file a claim for cancellation charges or damages against the User due to purchase contract withdrawal, etc. However, the Shop shall assume the costs of returning goods, etc., if the User withdraws a purchase contract because such goods, etc., differ from the descriptions offered in advertisements or are inconsistent with the provisions of the contract.
Article 35 (Points)
- 1. The Members may use their points as a means of price discount when purchasing products, etc.
- 2. USD 1.00 shall be discounted for every 1,000 points. For other currencies, the exchange rate against the US dollar shall be used to calculate the points to be deducted.
- 3. If the point-to-dollar rate specified in the preceding paragraph is altered, the altered rate shall be individually notified to the Members at least 30 days prior to the date of alteration.
- 4. The given points shall be valid over the period of 90 days from the date of the provision of such points. The periods of validity for points provided through the Shop events and the Company’s policies and marketing and promotional activities may be set separately. Expired points shall not be restored.
- 5. Up to 50% of the total price to be paid, excluding the delivery charge, may be paid with the points.
- 6. When cancelling a purchase or order, the points used for such a purchase or order shall be recovered.
Article 36 (Frequent Event Products)
- 1. The Shop may offer products for frequent events related to the Company’s business via the Mwave website when such events are staged.
- 2. The terms and conditions or policies related to the frequent event products vary by event and are posted on each event site. If any provision in the Terms and Conditions conflicts with any provision in the terms and conditions or policies related to the frequent event products, the latter shall govern and control related activities.
Chapter 6. Termination and Restriction of the Use of the Service
Article 37 (Termination and Restriction of the Use of the Service)
- 1. A Member who wishes to cancel the Service Use Contract may terminate the use of the Service by withdrawing from the membership.
- 2. If a Member falls under any of the following Subparagraphs, the Company is entitled to terminate the Service Use Contract or suspend the use of the Service for a preset period of time without prior notification.
- ① The Member illegally uses the personal information, email addresses, and/or social media accounts of others.
- ② The Member harms the reputation of others or engages in any act that inflicts damage on others.
- ③ The Member infringes on the intellectual property rights of the Company, other Members, or a third party.
- ④The Member intentionally disseminates or circulates content injurious to the wellbeing of society and public morals.
- ⑤ The Member uses or plans to use the Service under the aim of harming national interests or public interests
- ⑥ The Member intentionally disrupts the operation of the Service.
- ⑦ The Member transmits large volumes of information or advertising information under the aim of disrupting the stable operation of the Service.
- ⑧ The Member disseminates or circulates any computer virus that may incur the malfunction and/or loss of data of information and telecommunications devices and equipment.
- ⑨ The Member receives a corrective order from the Personal Information Protection Commission, Korea Communications Commission, or any other regulatory institution or an authoritative interpretation of the National Election Commission in relation to an illegal election campaign.
- ⑩ The Member duplicates, distributes, or uses for commercial purposes information obtained through the Company’s Service without the prior approval of the Company.
- ⑪ The Member posts any obscene material on the bulletin or a link to a pornographic website.
- ⑫ The Member violates the terms and conditions, including policies, in relation to copyrighted materials, their posting, etc., set by the Company.
- ⑬ For any Member who has not accessed Mwave and the Service for the duration of one year or longer, the Company shall provide notification of its plan to terminate the Service Use Contract to the respective Member in advance and provide the option to maintain the Service Use Contract.
- 3. When the Service Use Contract between a Member and the Company terminates, the Company shall immediately discard all information related to the respective Member except for the following cases.
- ① The information is required to be preserved as an exception pursuant to relevant laws.
- ② The information is required to be preserved for the next 30 days to prevent damage likely to be inflicted on the respective Member or to facilitate counseling with the respective Member.
- 4. The Users who have previously joined Mwave membership are not allowed to access integrated services, which are enabled by the registration of a social media account, with their existing IDs and passwords.
- 5. The Company may restrict the use of the Service pursuant to relevant laws to protect youth from harmful media content. (Please refer to the Company’s Youth Protection Policy posted on the Mwave website.)
Chapter 7. Indemnification and Others
Article 38 (Indemnification)
The Company shall not be held liable for any damages inflicted on a Member in relation to the use of the Service provided free of charge unless such damages have been caused by the Company’s intentional legal violation or gross negligence.
Article 39 (Exemption)
- 1. The Company shall be exempt from liability for nonperformance of the provision of the Service if such nonperformance has resulted from natural disasters or any equivalent force majeure events.
- 2. The Company shall not be responsible for technical problems incurred by reasons attributable to its Members in relation to the use of the Service.
- 3. The Company shall not be responsible for any losses resulting from its Members’ actions in expectation of profit from the use of the Service and any damages inflicted on its Members due to data obtained through the Service.
- 4. The Company shall not be responsible for the credibility and accuracy of information, data, facts, etc., posted on its website by its Members.
- 5. The Company shall not be responsible for any damages inflicted on its Members in relation to the use of the Service if such damages have resulted from the respective Members’ intentional legal violation or negligence.
- 6. The Company shall not be responsible for its Members’ criminal liability for the infringement on the copyrights of other individuals and/or programs incurred due to information posted on its website by such Members.
Article 40 (Jurisdiction)
The parties hereto agree that any suit, action, or proceeding out of or in connection with the use of the Service shall be brought in the district court with jurisdiction over the address of the User at the time of the filing of such a suit, action, or proceeding, or of the location of residence if the address of the User is unidentified. If the address or the location of residence of the User is unidentified at the time of the filing of such a suit, action, or proceeding or if the User is a non-Korean citizen, such a suit, action, or proceeding, shall be brought in the court with subject matter jurisdiction over such a suit, action, or proceeding pursuant to the Civil Procedure Act of the Republic of Korea.
- (1) The current Terms and Conditions shall take effect on September 1, 2023.
- (2) The previous Terms and Conditions shall take effect on August 5, 2022.