Terms and Conditions of Use of Mercado Pago

 

Valid from may 13, 2024

 

Informative Summary of the Terms and Conditions of Use of Mercado Pago (the “Terms and Conditions”)

Mercado Pago is a business unit of MercadoLibre SRL that offers, through (i) the platform provided by Mercado Pago at www.mercadopago.com or www.mercadopago.com.ar (the "Platform") and (ii) the Mercado Pago mobile application (the "Mobile Application") certain services linked mainly to digital payments, including:

a. the service of digital and face-to-face processing of collections and payments by the enabled payment methods in order to carry out transactions for the acquisition of goods and services;

b. offering a free payment account, which allows, among other functions, to make and receive transfers to and from other bank or payment accounts, as well as make deposits and withdrawals of funds through other enabled channels; make payments using the money available in the account; invest the available funds in the Mercado Fondo money pool, offered by Banco Industrial SA; and

c. the digital wallet service, which allows, among other features, to initiate payments with transfers and other available payment methods.

Likewise, users will be able to access Mercado Pago prepaid cards. The charges and/or commissions that Mercado Pago charges for the use of the services of the Payment Service Provider that Offers Payment Accounts to financial users and the mechanisms established to apply changes in the conditions are detailed in these Terms and Conditions and its Annexes.

In order to operate with the services, Users must accept the Terms and Conditions, the annexes, and the Privacy Statement.

Those with legal capacity and duly authorized minors may operate within Mercado Pago.

Users may process the closure of their Mercado Pago Account at any time through direct access within the Your Profile section of the Mobile Application.

Users (as the term is defined below) may initiate inquiries and complaints through the channels enabled in the “Help” section of the Platform and/or the Mobile Application.

These terms and conditions of use, including their annexes (“Terms and Conditions of Use”), regulate the relation between MercadoLibre SRL CUIT 30-70308853-4 (“Mercado Pago”) and any person (hereinafter, “User” or, in the plural, “Users”, and together with Mercado Pago, the “Parties”) who wish to access and/or use Mercado Pago services (any of them, indistinctly, the “Service” and jointly, the “Services” as appropriate).

In order to access the Services, and before their registration, Users must accept these Terms and Conditions of Use, the annexes, and the Privacy Policy.

  1. Account registration

1.1. Record. Any User who wishes to use the Services must register with Mercado Pago and accept these Terms and Conditions of Use. To register, it is mandatory to complete the registration form in all its fields with true and exact details. The User undertakes the commitment to update personal details when necessary. Users guarantee and are responsible for the veracity, accuracy, integrity, and validity of the data entered, which have the nature of an affidavit. Mercado Pago reserves the right to request receipts and/or additional information in order to corroborate the veracity of the information provided by a User, as well as to cancel or suspend those Users whose data could not be duly verified.

Mercado Pago is an Obligated Subject before the Financial Information Unit ("UIF"), by Resolution 76/2019. Based on this, and in compliance with current regulations on the Prevention of Money Laundering and Terrorism Financing (“PLD/FT”), it is obliged to collect certain information and/or documentation from Users, which must be kept updated to comply with processes of its identification, verification, knowledge, monitoring,  and transaction, which may vary, according to the activity of the User within the Platform or the Services that the User utilizes. In this sense, in line with the provisions of Resolution 112/2021 of the UIF, Users undertake to inform Mercado Pago of any change or modification in their final beneficiary within a maximum period of 30 (thirty) calendar days after the change takes place.

The User may not register if, they or their shareholders, subsidiaries, directors, officers, employees, or agents is a human or legal person owned or controlled by persons who are (i) subject to Sanctions or (ii) located in, incorporated in, or residents of a country or territory that is subject to Sanctions, or whose government is subject to Sanctions, including, without limitation: Crimea, Donetsk and Lugansk Region belonging to Ukraine, Cuba, Iran, Syria and North Korea. For the purposes of this clause, “Sanctions ” shall be understood as: restrictions or prohibitions on the ability to engage in business and other economic activities with certain countries, regions, persons, or entities, or any government measure issued to deprive an entity (including individuals, corporations, territories, countries, etc.) of financial and economic assets to counteract and attempt to reduce behavior that threatens national or international security or contravenes international law. In particular, those included in the Sanctioned Lists of OFAC (Office of Foreign Assets Control of the United States) and United Nations (UN) terrorist lists, as well as in any national list, will be rejected as Users,  suspended or disabled.

Human or legal persons that may be related to activities of a criminal nature, especially those supposedly linked to drug trafficking, terrorism, or organized crime in general, may not register as Users.

By virtue of the provisions of this clause, Mercado Pago reserves the right to reject a registration request or to cancel or suspend a Mercado Pago Account (as the term is defined below) (i) in the event of detecting contradictions or inconsistencies in the information provided by a User, or unusual or suspicious activities of the User in terms of PLD/FT or fraud; (ii) in the event that the User does not provide or update the information and/or documentation required by Mercado Pago at the appropriate time (iii) if the User is subject to Sanctions, or located in, incorporated in, resident in a country or territory subject to Sanctions, with the scope provided in this clause; or (iv) in the event that the User was or could be related to activities of a criminal nature, as provided in this clause.

The User expressly acknowledges and accepts that Mercado Pago, in its capacity as Obligated Subject, may share the User's information and documentation files with other companies of the same economic group, in order to comply with regulatory obligations. The foregoing is applicable without prejudice to and in addition to what is stipulated in the Mercado Pago Privacy Statement.

1.2. Mercado Pago Account. By registering with Mercado Pago and/or Mercado Libre, the User will open an account with Mercado Pago (the "Mercado Pago Account") and/or an account with Mercado Libre. The Mercado Pago Account will allow the User to use the Services. The User will access their Mercado Pago Account by entering their email address, chosen personal security code ("Login Code") and corresponding security code (the "Security Code"). The User undertakes to maintain the confidentiality of their Password and Security Code. By virtue of this, the User will be solely and exclusively responsible for all transactions carried out in their Mercado Pago Account. In case of detecting an unauthorized use or attempt to enter your account, the User must immediately report it to Mercado Pago through the channels enabled in the Mobile Application and the Platform.

It is stated that, in all cases, the Mercado Pago Account is personal, unique, and non-transferable, and will be assigned to a single User and its sale, assignment, or transfer (including reputation) is prohibited under any title. The User may not allow or authorize the use of their Mercado Pago Account by third parties. Any reference to money in Mercado Pago will be understood to be made in the legal currency of the Argentine Republic, except in cases where another currency is expressly indicated.

Likewise, the User declares and acknowledges that all debit cards and/or credit cards and/or bank accounts and/or payment accounts associated with their Mercado Pago Account are owned by them.

1.3. Ability. Only those persons who have the legal capacity to contract may accept these Terms and Conditions of Use. Minors may not register or use the Services without authorization, nor persons who do not have the capacity to contract or those Users who have been suspended or disabled.

1.4. Account for Authorized Minors. From the age of 13, minors may register as Users in Mercado Pago,  with the authorization of their Legal Representative (as defined below). The account (“Minor Account”) will be used by the authorized minor (the “ Minor ” or “ Authorized Minor ”). Mercado Pago reserves the right to reject any Minor registration request or suspend or close the Minor's Account at its sole discretion.

For the purposes of registration, as well as all transactions carried out within the framework of the Services and any other related matter, Authorized Minors will act under the legal representation of their father, mother, or guardian with the capacity to perform in such capacity in terms of the current legislation (the " Legal Representative "). The Legal Representative declares that: (i) he acts on behalf of the Authorized Minor for all legal effects derived from the opening and transaction of the Authorized Minor's Account; (ii) will be responsible for all actions and obligations arising from the use of the Minor's Account and/or the Services, including, without limitation, claims for breaches, fraud, chargebacks, reversals, amounts owed and participation in programs and promotions such as "Invite and win"; (iii) there is no opposition from another legal representative for the opening of the Authorized Minor's Account.

The Authorized Minor's Account will have the following limitations: (i) the Authorized Minor may not use it to make sales or contract Credits; (ii) the Authorized Minor may use the Services permitted to minors through the Platform only with the supervision and authorization of their Legal Representative; (iii) the Legal Representative must ensure the responsible and adequate use of the Authorized Minor's Account in view of their maturity.

When the Authorized Minor reaches the age of majority, Mercado Pago may convert the Authorized Minor's Account into a Mercado Pago Account in accordance with Clause 1.2) of these Terms and Conditions of Use, exclusively owned by the Authorized minor until then, who must accept the Terms and Conditions of Use to assume the role of owner.

1.5 Account for Minor Adolescents. Notwithstanding the foregoing, from the age of 13, minors may register themselves as Users in Mercado Pago without the intervention of a Legal Representative, in which case the Account will have the following additional limitations: (i) Credits will be accepted in the Account of the Minor Adolescent up to the amount equivalent to 3 (three) times the minimum wage per calendar month; (ii) the Minor Adolescent may not make investments.

  1. Collection and Payment Processing Service

2.1. Payment Processing Service. Mercado Pago provides the collection and payment processing service on behalf of its Users and in accordance with their instructions (the “Payment Processing Service ”), which may involve different means of payment, including debit cards, credit, prepaid cards, cash and money in the Mercado Pago Account (the “Means of Payment”).

The Parties may enter into collection and payment processing contracts (each one, a "Payment Processing Request") through which Mercado Pago provides the Payment Processing Services, in order to carry out transactions for payment or collection purposes. account and order of the User, through the i) Platform, ii) the Mobile Application, and iii) the electronic payment management and processing service, in person, offered by Mercado Pago (“Mercado Pago Point” ). 

2.2. Mandate. By using the Payment Processing Services, the User grants a mandate to Mercado Pago to (i) pay on their behalf and to their order a certain amount of money (ii) charge on their behalf and to their order a certain amount of money, subject to these Terms and Conditions of Use. The mandate granted by the User who has purchased a good or service (the "Buying User") implies an authorization in favor of Mercado Pago to dispose of certain funds on his behalf through the Means of Payment and credit them in the Mercado Pago Account of the User who offers and sells goods and services (the "Selling User"). Likewise, the mandate implies authorization from the Selling User in favor of Mercado Pago to receive, collect, and credit the corresponding funds to their Mercado Pago Account in accordance with their instructions.

2.3. Execution of the Payment Processing Request. The Payment Processing Request will be made by sending an online form or in person, where the instructions regarding the funds will be detailed. Mercado Pago reserves the right not to process those Payment Processing Requests that are incomplete where there are discrepancies between the details provided by Users and the details actually entered into Mercado Pago, or when Mercado Pago identifies breaches of its Terms and Conditions, fraud prevention policies or any other technical impediment. The User is solely responsible for the payment instructions and their consequences. Mercado Pago will not verify the cause or obligation that originated the payment instruction, nor the other circumstances related to the payment instruction, without prejudice to those controls and procedures that apply to each case. No Payment Processing Request submitted will be processed or considered valid, by means other than those provided herein.

2.4. Improvement of the Request. The Payment Processing Request will not be considered complete and Mercado Pago will not assume any responsibility or obligation under the Payment Processing Request until (i) Mercado Pago has not accepted the User's Payment Processing Request, and (ii) the User has sufficient funds or is within the purchase limits in accordance with the Means of Payment used.

Once accepted and authorized by Mercado Pago a Payment Processing Request from the User, Mercado Pago will process the payment on behalf of the Buying User, using any of the Payment Methods available for this purpose and authorized by Mercado Pay.

2.5. Settlement and application of funds. The funds will be credited to the Mercado Pago Account of the Selling User by the rates and settlement terms outlined in Clause 5 of these Terms and Conditions of Use, and in accordance with the mechanisms and rules determined by Mercado Pago and accepted by the User through these Terms and Conditions of Use.

Mercado Pago will leave the amount that has actually been authorized by the Payment Method used pending settlement in the Mercado Pago Account of the Selling User, regardless of the amount declared by the User in those cases in which the Payment Method chosen allows a declaration to be made for an amount of money other than the one actually authorized.

The Selling User must verify in their Mercado Pago Account that the Payment Processing Requests have been completed before sending goods or providing services to Buyer Users.

The funds pending settlement or withheld are not part of the money accredited and available to the User.

2.6. User Responsibility for Payment Processing Requests. The User will be responsible for the wrong or incomplete Payment Processing Requests caused by the erroneous introduction of the identifying data of the Mercado Pago Account, relevant information of the recipient, or the payment transaction, made by the User.

The User acknowledges and accepts their responsibility for the damages that arise if fraudulent, duplicate, unauthorized, or merely erroneous instructions are given through his Mercado Pago Account.

2.7. Mercado Pago's Responsibility for Payment Processing Requests. Mercado Pago does not guarantee compliance with the obligations assumed by Users with third parties concerning payments to be made or received through the Platform, the Mobile Application, and/or in person. The User acknowledges and accepts that when carrying out transactions with other Users or third parties with the Means of Payment, they do so of their own free will, giving their consent freely and at their own risk and responsibility. Given that Mercado Pago is external to the obligation that gave rise to the Payment Processing Request, it will not verify the causes, amount, or any other circumstance related to said Payment Processing Request, as well as regarding the existence, quality, quantity, transaction, status, integrity, or legitimacy of the goods or services offered, acquired, or disposed of by Users and paid for using Mercado Pago, as well as the ability of Users to contract.

2.8. Use of the Services. The Selling Users declare to know and accept that they will not be able to: (i) carry out transactions for anything additional to the concretion of genuine sales of their line of business, and/or sending or receiving money and/or payments for services offered by Mercado Pago; (ii) impose a minimum or a maximum of values for carrying out transactions; (iii) allow the splitting of the same sales transaction into two or more transactions; (iv) accept transactions that are not carried out by virtue of the sale of goods or services that are marketed directly with the Buyer User; (v) accept transactions that imply the granting of cash to Buyer Users; (vi) carry out illegal transactions; and (vii) request the processing of reversals or chargebacks for purchases made with a credit card on a card different from the one used to make the purchase, nor accept money from the Buyer User in relation to a reversal or chargeback; (viii) apply any additional charge for accepting payments through the Platform, the Mobile Application or in person; x) use any of the Online Sales Tools, on any website that breaches or fails to comply with current legislation, the Terms and Conditions of Use and other Mercado Pago policies, or with any of the Prohibited Activities.

The Selling User will be obliged to provide Users with clear, precise, and effective information concerning the goods and/or services  they sell.

2.9. Boundaries. Mercado Pago will determine a maximum amount for Payment Processing Requests, an amount that may vary according to the Payment Method chosen, type of Request, and/or at Mercado Pago's criteria and may even be modified at any time, its publication in the Platform.

2.10. Reversals, chargebacks, and ignorance of charges made by any means of payment. In the event that a Selling User has received a payment and the person who made the payment or the holder of the means of payment used made a cancellation, annulment, chargeback, dispute, or reversal of the amounts involved in the transaction after the payment, whatever the means of payment used to carry out the transaction, these amounts will be discounted and debited from the Mercado Pago Account of the Selling User. By virtue of this, the Selling User expressly authorizes Mercado Pago to debit funds from their Mercado Pago Account necessary to cover these scenarios, and if they do not have sufficient funds, to debit them from any other future deposit of funds to their Mercado Pago Account.
The Selling User undertakes to keep the documentation supporting the sale of the good or product carried out by Mercado Pago, including that which proves the shipment or delivery of the good or product in question, for a minimum period of 18 months from receipt of the funds corresponding to the transaction. For its part, in the event that after analyzing the cancellation, annulment, chargeback, ignorance, or reversal, Mercado Pago determines the inadmissibility of the procedure initiated, regardless of what was resolved by the banking or processing entity, Mercado Pago will be empowered to demand repayment of these transactions and the Buyer User agrees to pay the corresponding amounts. Otherwise, Mercado Pago will be empowered to warn, suspend, restrict, or temporarily or permanently disable the Account under the provisions of these Terms and Conditions of Use.

Regarding this section, please refer to the Seller Protection Program (PPV).

2.11. Promotions agreed upon between the Selling User and banking entities. The Selling User may upload in their Mercado Pago Account and offer Buyer Users, through all the channels set forth in clause 2.1), the promotions that they have negotiated individually with banking entities. The Selling User declares to have the corresponding authorizations and/or authorizations from the bank and authorizes Mercado Pago to process the transactions related to said promotions, in accordance with the commercial conditions and corresponding benefits.

Mercado Pago is a third party in the relationship between the Selling User and the bank and, therefore, is not covered by the provisions, rights, and obligations arising from the agreements between them.

For the purposes of processing, the Selling User must inform Mercado Pago of the commercial conditions and benefits of the promotion agreed upon with the bank to the email that Mercado Pago communicates to them at the appropriate time, or in the manner that Mercado Pago establishes for this purpose. Mercado Pago will grant the Selling User a merchant number or code, which they undertake to communicate to the bank to allow the loading and processing of transactions through their Mercado Pago Account.

Likewise, the Selling User will notify Mercado Pago of any update or modification in the commercial conditions and benefits of the promotion.

In the event that one or more Users, a third party, and/or an administrative or judicial authority initiates any type of complaint, procedure, or legal action linked to the content of its website or commercial establishment, the prices or the promotion against Mercado Pago, its shareholders, controllers,  affiliates or subsidiaries, officials, employees, directors, and agents, the Selling User exempts and undertakes to hold Mercado Pago and its shareholders, controllers, affiliates or subsidiaries harmless from all liability, officials, employees, directors, agents, representatives and attorneys-in-fact.

2.12. Online Sales Tools. In relation to the use of the shopping cart and the payment button offered by Mercado Pago (the "Online Sales Tools"), the Selling User will be solely and exclusively responsible for the contents of their website, including the display of prices or promotions that Selling Users can offer through Mercado Pago. In the event that one or more Users or a third party initiates any type of complaint or legal, administrative, or extrajudicial action against Mercado Pago, its shareholders, controlling companies, affiliates or subsidiaries, officials, employees, directors, and agents, the Selling User involved in such claims or actions exempts and undertakes to hold Mercado Pago and its shareholders, controlling companies, affiliates or subsidiaries, officers, employees, directors, agents, representatives and attorneys harmless from all liability.

 

  1. Payment Account and Digital Wallet Service

3.1. Payment Account. The User will be able to access a payment account, which is made up of the User's accredited and available funds. Each Mercado Pago Account has an associated Uniform Virtual Key (“CVU”), generated at the user's request or created by Mercado Pago.

In their Mercado Pago Account, the User can only receive transfers or payments through the tools enabled on the Platform, the Mobile Application, and/or in person. If Mercado Pago considers that a User could be using the mechanisms to deposit funds irregularly, Mercado Pago may apply the provisions of section 8.11. of these Terms and Conditions of Use.

3.2. Entry and withdrawal of funds. Transfers. Users can deposit money into their Mercado Pago Account as a result of (i) the collection transactions carried out, in accordance with Clause 2.1.; (ii) the transfer transactions to the CVUs of the Mercado Pago Accounts; (iii) authorized extra-bank collection networks, and other authorized businesses; and (iv) transfers by immediate debit ("DEBIN") from bank accounts of the same ownership.

For the purpose of using DEBIN, the User grants a mandate in favor of Mercado Pago so that it generates, on behalf of and by order of the User, a regular authorization for immediate debits from the bank accounts owned by the User registered in the Mobile Application.

Likewise, in the case of DEBIN, the Users may deny before their bank a debit made to their bank account for the authorized money deposits within a period of 30 (thirty) days, counted as of the date of the transaction. To do this, the User must have funds in their Mercado Pago Account for an amount equivalent to the reverted amount. In the event that the User does not have sufficient funds to cover the reversal, the User authorizes Mercado Pago to debit the corresponding amount of future fund deposits to their Mercado Pago Account.

Mercado Pago may establish limits on money deposits made through authorized extra-bank collection networks and other authorized businesses.

For more information on each of the means of depositing money and other conditions, you can consult How to deposit money into Mercado Pago.

Once the funds are credited and available in their Mercado Pago Account, the User may (i) keep the funds in their Mercado Pago Account to use them on another occasion; or (ii) invest the funds in the common money fund “Mercado Fondo” offered by Banco Industrial SA and managed by Industrial Asset Management SGFCISA; or (iii) withdraw and/or use the funds, applying them to: (a) the payment of goods or services through transactions in accordance with Clause 2.1, (b) transfers to other bank or payment accounts of their own or those of third parties, (c) cash withdrawals through authorized extra-bank collection networks or authorized businesses that offer the cash withdrawal functionality of the Mercado Pago Account, (d) cash withdrawals through ATMs using the Mercado Pago prepaid card, (e) any means that Mercado Pago makes available to Users in the future.

The User acknowledges and accepts that the transfer and/or withdrawal of funds will be subject to the availability of funds in the User's Mercado Pago Account and the prior payment of any debt that the User may have with Mercado Pago, for whatever reason.

The User acknowledges and accepts that the use of the functionality of transfers between Mercado Pago Accounts through the Platform is intended exclusively for non-commercial purposes.

The transfers will be ordered immediately and the most efficient channels available for transferring funds in the national retail payment system will be used to carry out the transfers. The User acknowledges and accepts that the transfers ordered through the Platform are subject to normal transactions and compliance with the authorizations of the participants of the national payment system involved.

For security reasons, Mercado Pago may block or withhold the applications, transfers, or withdrawals of funds requested by those Users who in the last time have received a high percentage of complaints and disputes and/or have detected and/or there are strong indications or suspicions that they have used the Mercado Pago Services to carry out fraudulent, illegal activities and/or activities contrary to the Terms and Conditions of Use. All information on the funds available or withheld, pending settlement in the Account Mercado Pago must always be verified by the User through the Platform or the Mobile Application.

Mercado Pago does not guarantee uninterrupted access to extra-bank collection networks, authorized businesses that offer cash withdrawal functionality, withdrawal boxes, or ATMs provided for in this clause, which may not be available due to technical problems, internet failures, unavailability or lack of resources, or any other reason unrelated to Mercado Pago. For more information about transferring to a bank or digital account, you can check at "Money transfers”.

For more information about cash withdrawals, you can read more at "Withdraw cash”.

3.3. Digital wallet. The User gives their consent to include the payment accounts that they will use in the Mercado Pago digital wallet (the “Digital Wallet”).

Likewise, the User declares and acknowledges that all the payment accounts included in the Mercado Pago Digital Wallet are owned by them and provided by Mercado Pago.

Any payment or debit instruction ordered by the User through the Mercado Pago Digital Wallet will be processed while the consent or authorization granted by the User is in force.

At the appropriate time, the User will have the possibility of establishing and modifying the parameters of use of their payment accounts linked to the Digital Wallet.

Finally, the User may unlink the payment accounts enrolled through the Mercado Pago Digital Wallet in accordance with the procedures detailed in the Terms and Conditions of Use and those established in the future.

3.4. Liability for Funds. It is established that Mercado Pago will keep all the available funds of the Mercado Pago Accounts in sight accounts in your name (the "Sight Accounts") in financial entities of the Argentine financial system of Mercado Pago’s choice (the "Banks"). Mercado Pago will not be responsible in any case for the insolvency of the Banks. Mercado Pago, its affiliates or subsidiaries, controlling and/or controlled companies, and/or parties subject to common control will not be responsible for situations unrelated to Mercado Pago that could affect the Banks and Demand Accounts where the available funds of the Accounts are deposited.

In these situations, Mercado Pago will have the right to opt for the option that, in its sole discretion, is the most convenient, and Mercado Pago may even opt for the one it deems most appropriate in order to settle the available funds quickly, easily and in an orderly manner, even when it implies reductions, releases, or postponements.

 

  1. Intellectual property rights. Policy of correct use of brands and communication of Mercado Pago

4.1. Use of brands, logos and other intellectual property rights. All intellectual and industrial rights over the Online Sales Tools, the Platform, the Service, codes, and all development, software, hardware, domain, logos, emblems, logotypes, designs, structure, content, information, etc. are the property of Mercado Pago and/or its controlling, controlled, affiliated or subsidiary companies which are protected by national and international laws. In no case will it be understood that the User will have any type of right over them, regardless of the rights that Mercado Pago confers on the User during the validity of these Terms and Conditions.

Mercado Pago only authorizes the User to make use of its intellectual property, to the extent that it is made available to the User for the fulfillment of the rights derived from these Terms and Conditions. Any other use of such Mercado Pago intellectual property is strictly prohibited. To the extent that these requirements are met, Mercado Pago grants the User a free, non-exclusive, and revocable license.

The logos, emblems, logotypes, designs, structure etc. of the Payment Methods allowed by Mercado Pago are the exclusive property of Mercado Pago. The Users declare to know and accept that their use is allowed solely for the purpose of serving as means of payment, and in no case will it be understood that the User will have any type of right over them. Users will not use the brands, logos, emblems, logos, designs, structures, etc. of the Payment Methods allowed by Mercado Pago or of any trademark in such a way that it can be understood that the product or service offered by the User is sponsored, promoted, produced, offered and/or sold by the Payment Methods or by the trademarks involved. Likewise, Users must refrain from carrying out any act that could cause damage, loss of reputation, or decrease in the value of said brands, or use them in a manner contrary to morality and norms of good behavior.

In the dissemination, promotion and use of the Service, the User undertakes to exclusively use those logos, banners and other promotional material provided by Mercado Pago. The User will refrain from using banners or logos designed by themselves and/or third parties, like any other promotional material using Mercado Pago's intellectual rights, without prior written authorization from Mercado Pago.

4.2. Means of payment section of the Selling User's website. Communication. The Selling User undertakes to inform their clients that the payment platform on their website is provided by Mercado Pago, for which purpose it will inform it clearly and unequivocally in the payment method selection section, through the use of the payment method selection banner provided in the Tool Kit.

4.3. Payment Market Positioning. In the event that the Selling User has more than one payment solution provider, they must place the Mercado Pago payment method selection banner in the first or second position.

4.4. Integration of Mercado Pago. The Selling User must integrate Mercado Pago on their website in compliance with the effective integration policies of Mercado Pago, which include:

  •   Provision of the Buyer User's email at the time of connection between the Selling User's website and Mercado Pago. To this end, the Selling User declares to have the authorizations of the Buyer Users.
  •   Implementation of the most up-to-date checkout version of Mercado Pago.
  •   Inclusion of the logo of the Selling User and price of the products in the Mercado Pago checkout.

4.5. Use of brands, logos and other intellectual property rights of the Selling Users. The Selling Users grant Mercado Pago authorization to use the trade name, trademarks, logos, symbols, emblems, colors and/or designs of the Selling User free of charge and with no time limit, which were sent to Mercado Pago’s representative email (hereinafter, the "Seller's Brands"), for use in promotional actions, advertising and/or communications related to the Mercado Pago service. It is noted that the authorization for use will only take effect from the moment this email is sent to Mercado Pago. The authorization granted authorizes Mercado Pago to display, reproduce, disseminate, and/or publish the Seller's Brands in any means of communication and on any support, including in particular, but in no way limited to the Platform, the Mobile Application and the e-mails sent to Users of Mercado Pago and/or the Platform.

 

  1. Service Fees

Likewise, under certain conditions, Mercado Pago may charge certain Fees when the User uses any of the Services. For more information, please head to “Mercado Pago Rates". By virtue of this, the User authorizes Mercado Pago to discount and withhold the Fees or any other amount owed from the funds available in their Mercado Pago Account.

 

  1. Liability and Indemnity

6.1. Responsibility for the Access and Use of the Service and/or the Platform . Mercado Pago does not guarantee continuous or uninterrupted access and use of its Platform, Mobile Application, Service or Online Sales Tools. The system or the Service may eventually be unavailable due to technical difficulties or Internet failures in the links or Online Sales Tools or for any other circumstance beyond Mercado Pago.

6.2. Indemnity. The User will hold Mercado Pago and its related companies harmless, as well as those who direct, succeed, manage, represent and/or work for them, for any administrative or judicial claim filed by other Users, third parties, or by anybody, related to the use of the Services. By virtue of this responsibility, they may make compensation, withholdings, or other necessary measures to repair losses, damages, and losses, whatever their nature.

The User will be responsible for the payment of any fine, fee, penalty, damage, cost, or complaint, that is applied to Mercado Pago by acquiring companies and/or credit card brands, as a result of chargebacks related to the transactions made by the User.

6.3. Responsibility of Mercado Pago. With respect to Buyer Users and those Users affected by the regulations on "Protection of users of financial services" of the Central Bank of the Argentine Republic, Mercado Pago will be responsible for any breach of these Terms and Conditions, to the extent provided by law and current regulations.

 

  1. Data Privacy

7.1 At Mercado Pago we make responsible use of personal details, protecting the privacy of the Users who entrusted their personal details to us and taking the necessary measures to guarantee the security of the Platform and Mobile Application. To learn more about how we treat and care for your data, you can head to our “Mercado Libre Privacy Policies”. 

All information transmitted is done through a secure Internet page that protects and encrypts the information. Personal data is stored on servers or magnetic media that maintain high-security standards. Mercado Pago always stores Users' credit card details in encrypted form and in accordance with PCI_DSS standards, which will be applicable to Users to the extent that they store transaction details that are not owned by them. Mercado Pago does not store the security code of credit cards, so it will always request this code from the User for each payment made on the Platform.

Users know and accept that Mercado Pago accesses the contact list of the mobile device used. Mercado Pago will use this information solely to locate and indicate cell phone numbers and/or email addresses of other Users and/or potential users. In turn, Users acknowledge having authorization to share such information with Mercado Pago.

In relation to potential users, Mercado Pago will not store names, postal addresses, bank details, identity card numbers and/or identity documents, or any other information that allows a person to be identified or identifiable. It will only store cell phone numbers and emails.

Mercado Pago will make its best efforts to maintain the confidentiality and security of this section, but will not be liable for damages that may arise from the infringement of said measures by third parties that use public networks or the Internet to access said information. or in cases where there has been fault or negligence of the User.

7.2 Access to Other Commercial Information. In addition to what is set forth in the previous sections, Mercado Pago provides tools, applications, and services based on other commercial information provided by Users and/or generated when using the services of the MELI Ecosystem, to help Selling Users optimize their sales, increase their volume and manage their business. We may also use it to offer Users promotions, products and services from other companies or co-branded companies. Learn more about our Access to Information policy.

 

  1. Other conditions of the Service

8.1. User Statements. Forbidden activities. The User declares that both their activities and actions and the purpose for which the Payment Processing Request is creaeed  do not infringe any applicable law, nor do they correspond to a service, sale or transmission that is prohibited by current law, these Terms and Conditions of Use and other policies of Mercado Pago, including money laundering and/or terrorism. To obtain more information about activities, contents, products and/or services, the processing of which is prohibited, you can head to the list of “Mercado Pago Prohibited Activities”.

In the case of activities or services of casinos, game rooms, games of chance, slot machines and betting, both physical and online, the User must previously request the express written approval of Mercado Pago to receive the Payment Processing Services and with the conditions established, including by way of example, that: i) the User's website/s where these services are marketed must contain a disclaimer regarding the legality of the gambling activity; ii) The User may not sell tokens or other value that can be used, directly or indirectly, in places or websites other than those he owns and for which he is licensed to operate.

The User shall not use the Mercado Pago Services to transmit material that constitutes a crime or good that may give rise, directly or indirectly, to civil responsibilities or that violate the Terms and Conditions of Use of Mercado Pago.

If Mercado Pago considers that there is a suspicion or indication of the use of Mercado Pago for any activity prohibited by law or the Mercado Pago Terms and Conditions of Use, it may reject, cancel or suspend a Payment Processing Request, and/or temporarily block access to and use of a Mercado Pago Account and/or the use or availability of functionalities and/or permanently cancel a Mercado Pago Account. The User will be solely responsible for the damages that their conduct may cause to Mercado Pago or to the other Users of the Mercado Pago Services.

8.2. Use of the Services. Users are only allowed to use the Services in their own name and not on behalf of and/or on behalf of third parties. Users will not resell the Services to third parties.

8.3. Mercado Pago as a payment service provider. Mercado Pago offers payment services and is not authorized to operate as a financial entity by the Central Bank of the Argentine Republic. Mercado Pago does not provide the User with any banking or exchange service. Mercado Pago, among other Services, provides a payment processing service on behalf of Users in accordance with the conditions established in the Terms and Conditions of Use and the applicable regulations.

The funds deposited in the payment account do not constitute deposits in a financial institution, nor do they have any of the guarantees that such deposits may enjoy under the applicable legislation and regulations regarding deposits from financial institutions.

8.4. Interests. Funds available or pending settlement in the Mercado Pago Account do not generate interest in favor of Users. The User may utilize the available funds at any time to carry out the transactions described in the Terms and Conditions of Use once they are credited to their Mercado Pago Account in accordance with the terms, mechanisms, and rules determined by Mercado Pago.

8.5. Collections in Related accounts. The User authorizes Mercado Pago to discount, withhold, and/or restrict the use of the funds available in their Mercado Pago Account, an amount equivalent to the Fees or any other amount due (hereinafter the "Amount Owed"), whether the Amount Owed was generated in the User's Mercado Pago Account, or in any other Mercado Pago Account that, at Mercado Pago's reasonable criteria, is considered an account related to the User's Mercado Pago Account (hereinafter the “Related Account”). Mercado Pago will consider that a Mercado Pago Account of a third party is an Account Related to the User's Account when both of them share one or more attributes that reasonably lead to the assumption that there is a joint transactional use of the accounts and/or that denote one, the transactional knowledge of the other, and/or that the use of one or both accounts is intended to evade obligations that could fall on the other. In those cases, the User must justify, where appropriate, that they are not Related Accounts. Notwithstanding the latter, the determination of the existence of Related Accounts is subject to the sole, exclusive, and reasonable criteria of Mercado Pago.

8.6. Seizures and disqualification of accounts. Mercado Pago, in its capacity as a payment service provider, is empowered to place embargoes and comply with any measure ordered by a competent authority, including without limitation, the disabling of the Mercado Pago Account in the event of bankruptcy.

8.7 Transparency Regime

The Users can consult the "Transparency Regime" prepared by the BCRA based on the information provided by the obligated subjects in order to compare the costs, characteristics and requirements of financial products and services by accessing the BCRA’s Transparency Regime.

8.8. Changes to the Terms and Conditions of Use. Mercado Pago may modify the Terms and Conditions of Use at any time. Mercado Pago will notify the User of the changes by publishing an updated version of these terms and conditions on the Platform stating the date of the last modification. All the modified terms, with the exception of those indicated in this clause, will enter into force 10 (ten) days after their publication.

Moreover, the updates of rates and Fees for the Selling Users will enter into force 2 (two) days after their publication. Regarding Buying Users, interest rates will be updated within 2 (two) days of their publication, and can also be viewed when submitting Payment Processing Requests. Any introduction or subsequent change in commissions, charges, costs, expenses, insurance, or any other concept on Buying Users will be made in accordance with the provisions of Communication "A" No. 7645 and 7593 of the Central Bank of the Argentine Republic.

The User may express their disagreement and request the cancellation of the Service through the channels enabled in the Mobile Application or the Platform  in the period between 2 (two) and 10 (ten)  days after the publication of the modifications introduced, as appropriate. Once the aforementioned period has expired and if he has not stated otherwise, the new conditions are considered accepted by the User.

8.9. Independent Parties. The Selling Users are considered independent contractors, without any corporate or commercial relationship outside of the one reached in this agreement, and each of them will hold the other harmless for any claim derived from the tax, labor, or social security obligations that they are in charge of.  None of the Parties will mislead any person as to its character as a contractual party independent of the other or bind the other party to third parties. Failure to comply with this obligation by the Selling User will enable Mercado Pago to terminate this agreement by transaction of law at any time.

8.10. Assignment. The User may not assign, transfer, delegate, or dispose of the rights or obligations derived from this contract, in whole or in part. Mercado Pago may assign, transfer, delegate, or dispose of the rights or obligations derived from this contract or from its contractual position, in whole or in part, for which the User grants prior consent to carry out said actions.

8.11. Deregistration of the Service. Contract Termination.

Mercado Pago and the User (through the unsubscribe button available in the Mobile Application or other contact channels enabled on the Platform) may at any time during the validity of this contract terminate it without giving any cause, which will imply the shutdown of the User's Mercado Pago Account but will not suspend compliance with all Payment Processing Requests already authorized by the User at the time of notifying the termination. To exercise this power, Mercado Pago will notify the User with reasonable advance notice in accordance with the User's operations and activity. In addition, the party seeking termination of the contract mustn't owe the other or third parties involved in the operations the fulfillment of any obligation.

Likewise, Mercado Pago may, in the event of non-compliance by the User with these Terms and Conditions or the applicable legislation, terminate the provision of the Services without any prior notice, reserving the right to claim damages resulting from such non-compliance.

8.12. Records. The User expressly chooses that the records and information related to the contract provided by Mercado Pago have, an electronic format unless expressly provided otherwise. In any case, the User may make copies, even on physical support, of the documentation and information provided by Mercado Pago related to the contract. The User irrevocably authorizes Mercado Pago and/or whoever Mercado Pago designates, to record the User's transactions related to the services provided by Mercado Pago, and to use said recordings as evidence before administrative and/or judicial authorities. The certificates issued by Mercado Pago will be considered sufficient proof of compliance with the instructions and Payment Processing Request, and replace the need for any receipt, and are fully opposable to the User.

8.13. Notices. Notices will be valid and the User expressly accepts that all notifications made to Users by Mercado Pago, including without limitation notices, reminders, or communications related to the Services provided by Mercado Pago, are directed (i) to the main email address registered by them (special electronic address), (ii) through the Mobile Application and/or (iii) to the User's Mercado Pago Account.

8.14. Addresses. Mercado Pago is established as the address Av. Caseros 3039, Piso 2, CP 1264, CABA. The address established by Users for the purposes of using Mercado Pago Services is the address registered by Users with Mercado Pago.

8.15. Annexes. The following documents form an integral and inseparable part of the Terms and Conditions of Use incorporated in this agreement, which can be consulted within the Platform through the link provided below or by directly accessing the corresponding pages:

 

8.16 Jurisdiction and Applicable Law. These Terms and Conditions of Use are governed in all its points by the laws in force in Argentina. Any controversy derived from its application, existence, scope, compliance, interpretation, execution, or validity will be submitted to the competent ordinary national courts, with headquarters in the Autonomous City of Buenos Aires, except for a specific provision of Public Order, such as the Law of Consumer Defense (or related regulations) in cases where this is applicable. For all purposes related to these Terms and Conditions of Use, MercadoLibre SRL with CUIT 30-70308853-4, establishes Avenida Caseros 3039, 2nd Floor, Autonomous City of Buenos Aires, Argentina as its address.

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