MercadoPago

Terms and Conditions of Use

Valid from: 08/27/2018

The following terms and conditions of use (the “Terms and Conditions”) constitute binding, valid and effective rules between any person (individually, the “User,” and collectively, the “Users”) who, by accepting the Terms and Conditions, enters into an agreement through a Payment Processing Service Adhesion Contract (the “Mercado Pago Contract”) with Mercado Libre Perú S.R.L (“Mercado Pago”), its related companies, affiliates, subsidiaries, parent and/or controlled companies or companies belonging to its economic group (currently or in the future) to which it may assign its contractual position or rights under the Mercado Pago Contract.

These Terms and Conditions describe the User’s and Mercado Pago’s rights and liabilities on using the payment processing service, the electronic platform through which the payments will be made, and any related or supplementary product or service offered or to be offered by Mercado Pago (collectively, the “Service”).

Acceptance of these Terms and Conditions is required to be registered as a Service User and/or to use the Service. By accepting the Terms and Conditions, the User represents to have read, understood and accepted all the conditions set forth in this document and in other policies and principles incorporated by reference hereto, which may be accessed through the URLs included in these Terms and Conditions. 

If you do not accept these general terms and conditions, which are binding and compulsory, you should refrain from using the site and/or the services.

1- User Registration

a) Registration. Any User wishing to use the Service should register in Mercado Pago and accept these General Conditions. To register, the User will need to fill out all fields of the registration form with valid data and true, accurate and precise personal information ("Personal Data").Exceptionally and at its sole discretion, Mercado Pago may provide certain Services to persons not registered in Mercado Pago. The User will update its Personal Data as may be deemed necessary. Mercado Pago will NOT be liable for the accuracy and truth of the Personal Data provided by its Users or for their failure to update them. 

In all cases, Users guarantee and will be held liable for the truthfulness, accuracy, integrity, validity and authenticity of the Personal Data provided. All the information and Personal Data furnished by the User will be deemed a sworn statement.

Mercado Pago reserves its right to request evidence and/or additional information in order to verify the Personal Data provided by a User, as well as to temporarily or definitively suspend Users whose information cannot be verified.

Mercado Pago reserves its right to reject a registration request or to temporarily or definitively cancel or suspend an Account (as defined below) if it finds inconsistencies or discrepancies in the information provided by a User or discovers suspicious activities, without such decision entitling the User to any claim for compensation or redress.

b) Mercado Pago Account. Upon registering in Mercado Pago or in Mercado Libre´s website (www.mercadolibre.com.pe), the User will open an account with Mercado Pago (the "Mercado Pago Account" or the "Account"). The Mercado Pago Account will enable the User to make or receive payments from the sale of goods by debiting or crediting money in the Account.

 

The User will access its Mercado Pago Account by entering its e-mail address (“e-mail”) and personal security code ("Passcode"). 

The User undertakes to keep its Passcode confidential. Therefore, the User will be solely and exclusively liable for all transactions conducted in its Account. The User undertakes to immediately notify Mercado Pago through proper and reliable means of any non-authorized use of its Account, as well as of any actual or attempted entry into the Account by non-authorized third parties.

Mercado Pago will allow for the opening of two (2) different types of Accounts: (i) Personal Accounts, available by default for any person registering on Mercado Pago, provided all applicable requirements are met; and (ii) Professional Accounts, which may only be obtained upon certain validations Mercado Pago may deem convenient. See Requirements 

It is hereby stated that, irrespective of its type, the Account will at all times be a personal, single and non-transferrable account, and it will be assigned to a single User; furthermore, the sale, assignment or transfer of an Account (including its reputation) is strictly prohibited. The User may not permit or authorize the use of its Account by third parties, except in the case of linked accounts (see the Terms and Conditions for Linked Accounts). The Account will be identified with letters and any reference to amounts in Mercado Pago will be deemed made in the legal tender of the Peru Republic, unless a different currency is expressly stated.

 

The User understands and accepts that Mercado Pago may cancel its Professional Account if the User fails to meet any of the imposed requirements.

2- Payment Processing. Delegated Payment and Collection Powers.

a) Payment Processing Agreement. The User and Mercado Pago (together, the "Parties") may from time to time enter into payment processing agreements (each, individually, a "Payment Processing Request") whereby Mercado Pago will provide payment processing services based on the User's instructions (the “Payment Processing Services”) for the payment or collection of money on behalf of the User using the platform provided by Mercado Pago at www.mercadopago.com or www.mercadopago.com.pe (the "Platform" or the "Site") 

The Parties agree that completed Payment Processing Requests will be governed by these General Conditions (together with the conditions specific to each Payment Processing Request, the "Payment Processing Service Terms and Conditions").

 

b) Irrevocable Payment and Collection Powers. Upon completing a Payment Processing Request, the User grants Mercado Pago irrevocable powers so that Mercado Pago may: (i) pay, on the User’s behalf, a certain amount of money under the completed Payment Management Request (the "Funds"), and/or (ii) collect the Funds on its behalf, subject to these Terms and Conditions of Use.

The power of attorney granted by the User constitutes an authorization to dispose on its behalf of certain Funds of its Mercado Pago Account and to transfer them to a certain recipient by crediting them in a Mercado Pago Account designated according to its instructions as set forth in the Payment Management Request. Furthermore, the power of attorney involves an authorization by the User to receive, collect and credit the Funds in its Mercado Pago Account according to the instructions given in the Payment Management Request. Mercado Pago will not use the User's Funds for any purposes other than those specifically instructed by the User.

c) Making a Payment Processing Request. The Payment Processing Request will be made by the User by sending a Payment Processing Request online form setting out instructions regarding the Funds. Mercado Pago reserves its right to refrain from processing Payment Processing Requests which are incomplete, or if there are inconsistencies between the data provided by the Users and those specifically entered in Mercado Pago, or in case Mercado Pago deems it convenient, without having to justify such decision. The User will be exclusively liable for payment instructions and their consequences. Mercado Pago will not verify the cause or the obligation giving rise to the payment instruction, nor any other circumstances regarding the payment instruction. 

 

d) Validity of the Request. The Payment Processing Request will not be deemed to have been validly made and Mercado Pago will not take on any obligation or responsibility whatsoever under the Request until Mercado Pago: (i) has accepted the User's Payment Processing Request (it is expressly stated that Mercado Pago may refrain from accepting the Payment Processing Request without stating any reason and without incurring any liability), and (ii) has received the whole amount of freely-disposable Funds. 

 

e) Liability for the Request. Mercado Pago will not be liable for any wrong or incomplete orders, instructions, Payment Processing Requests and/or payments resulting from the User’s provision of an incorrect e-mail address or inaccurate information on the recipient or on the payment transaction.

 

f) Mercado Pago's Liability for Payment Instructions. Mercado Pago will not be liable for or guarantee the performance of the obligations assumed by Users with third parties regarding the payments to be made or received through the Platform. The User acknowledges and accepts that all transactions conducted with other Users or third parties are made out of its free will, with its full consent and at its sole risk and liability. Mercado Pago will under no circumstances be deemed liable for any direct damage, lost profits or for any other damage and/or loss the User may have sustained as a result of transactions made or not made through Mercado Pago's Platform. Since Mercado Pago is not a party to the obligation giving rise to the Payment Processing Request, it will not be held liable for, nor will it verify, the causes, amount or any other circumstances regarding the Request, or the existence, quality, quantity, working condition, status, integrity or legitimacy of the goods or services offered, acquired or sold by Users and paid for using Mercado Pago, nor the Users' contracting capacity and the truthfulness of the personal data provided by them. Should one or more Users or a third party bring any kind of claim or legal action against another Users or Mercado Pago, each and every User involved in such claims or actions shall indemnify, defend, and hold harmless Mercado Pago and its directors, managers, employees, agents, operators, representatives and attorneys-in-fact (collectively, the “Mercado Pago Indemnitees”) against all losses directly incurred by the Mercado Pago Indemnitees in connection with such claim. 

Users will have a 60-day term from the date of purchase to file a complaint against one or more Users. Upon lapse of such term, Users will not be able to file a complaint on the Mercado Pago site.

3- Delivery, Application and Withdrawal of Funds

a) Delivery of Funds by the User. Once Mercado Pago has accepted a User’s Payment Processing Request, the User will have to send to Mercado Pago the amount of money necessary to meet the payment instruction. The User will deliver the Funds to Mercado Pago through the use of: (i) any of the means available to that effect and authorized by Mercado Pago; or (ii) the Funds available in its Mercado Pago Account, provided they are sufficient to meet all the instructions given in the Payment Processing Request; otherwise, the Request will not be processed.

Funds will be credited in the User's Mercado Pago Account within four (4) business days from the date on which Mercado Pago receives the authorization of the method of payment used in the transaction. Find out about the Payment Methods with Which You Can Operate.

Mercado Pago will use all reasonable efforts to guarantee that the above term is met. However, the User understands that, due to certain factors, most of them beyond Mercado Pago’s control, there may be delays and, consequently, the User releases Mercado Pago from all liability for any resulting damage or inconvenience, except for Mercado Pago´ fraud or gross negligence.

Mercado Pago will deposit in the User's Account the amount actually credited through the method of payment used, independently of the amount declared by the User where the method of payment used allows for the declaration of an amount of money different from that actually deposited.

In its Mercado Pago Account, the User may only receive payments or money through the tools enabled in the Platform. If Mercado Pago considers that a User may be irregularly using the mechanisms to add Funds, including but not limited to the publication or printing of the deposit slip to be used by Users not holding the Mercado Pago Account, Mercado Pago may apply the provisions set forth in Section 6(m) of these General Conditions.

The User undertakes not to apply any additional charge for accepting payments or receiving funds through the Platform.

 

b) Fund Availability. Funds credited into a User's Account will be available within the twenty-first (21) day following the purchase date.

The User may keep the Funds in its Account for no more than 30 (thirty) days from the date on whichthey were credited (the “Fund Availability Term”). Upon conclusion of this term, if the User so requests, Mercado Pago will transfer any balance in the Mercado Pago Account to the bank account previously registered by the User or issue a payment order in the name of the User addressed to any such bank as the User may choose.

In the event the bank account does not exist, is closed, non-operative or the like, and the User has not instructed Mercado Pago to issue a payment order in its name addressed to a specific bank, Mercado Pago: (i) may issue such payment order addressed to a bank Mercado Pago chooses, and (ii) will notify the User of the Fund availability through an e-mail sent to the e-mail address informed at the time of the User registration.

If the User making the payment informs that the transaction conducted through the Mercado Libre Platform was not completed, a claim will automatically be made under the Conflict Resolution mechanism specified in these General Conditions, and the Funds will be withheld by Mercado Pago. If the claim is settled in favor of the Seller, the Funds will be available (i) within the twenty-first (21) day following the purchase date, or (ii) at the date of resolution of said claim, when said date is later than the twenty-first (21) day following the purchase date.


Furthermore, for safety reasons, any Funds credited to the User's Account and/or in the process of being credited (regardless of the method of payment used in the transaction) may remain unavailable for an indefinite period of time when, at Mercado Pago's sole discretion, there is strong suspicion of illegality, fraud, excessive transactions or fraudulent transactions, and/or excessive requests for returns and/or chargebacks, or any other act contrary to these General Conditions, and/or a suspected violation of statutory provisions for which Mercado Pago may be held liable.
The User will be responsible for the payment of any fine, fee, penalty, damage, cost, or claim, that is applied to Mercado Pago by acquiring companies and/or credit brands, as a result of excessive levels of related chargebacks with the transactions made by the User.


Any information on available and credited Funds in a Mercado Pago Account will always be verified by the User through the Platform at www.mercadopago.com.pewith the User’s e-mail address and personal security code.
Mercado Pago and its related companies will not be liable for User conduct arising from or related to information contained in false e-mails or e-mails which appear to have been sent by Mercado Pago but which were actually sent by third parties unrelated to Mercado Pago or its related companies. In addition, Mercado Pago and its related companies will not be held accountable for any damage arising from any such conduct, or for the circulation of such false e-mails.

c) Instructions regarding Funds. Mercado Pago will follow the instructions given by the User to: (i) make payment with or send the Funds held in its Account or deposited to that effect; or (ii) credit and/or receive the Funds in its Account. Upon registering on Mercado Pago and keeping an active Account, the User agrees to, accepts and authorizes the receipt of Funds sent by other Users to its Account and the debiting of any applicable charge.

d) Withdrawals. Once the Funds credited in the User's Account are available, the User may choose to: (i) withdraw all or part of the balance available in its Account; or (ii) keep the Funds for later use within the limit stated in Section 3 b). The User acknowledges and accepts that (a) all fund withdrawals will be subject to the prior payment of any debt owed by the User to Mercado Pago for whatever cause, and (b) only Users residing in Peru will be authorized to withdraw Funds from Mercado Pago.

 

Withdrawals of Funds will be made by transfer to a bank account indicated in a timely manner by the User, or through a payment order in the name of the User, addressed to a bank of their choice. This transfer may take 3 business days after the withdrawal request is made or the Period of Availability of Funds has ended. Due to delays originated by the bank, Mercado Pago's email (e-mail) confirming that the money is credited can reach the 4th business day since the withdrawal request was made. Any expense originated by the transfer or the payment order will be the responsibility of the User.

The withdrawal of Funds will be made via bank transfer to the bank account timely indicated by the User, or through a payment order issued in the name of the User addressed to the bank it chooses. This transfer may take 3 business days after the withdrawal request is made or the Period of Availability of Funds has ended. Due to delays originated by the bank, Mercado Pago's email (e-mail) confirming that the money is credited can reach the 4th business day since the withdrawal request was made. Any expense originated by the transfer or the payment order will be the responsibility of the User.

For safety reasons, Mercado Pago may block the withdrawal of Funds requested by Users against whom a high percentage of claims have been recently filed through the Claims and Disputes system regulated in Section 6(r) hereof, and/or where it has been found that the requesting Users used the Services to commit fraudulent or unlawful acts and/or violations of these Terms and Conditions of Use.
   

e) Limits. Mercado Pago will determine a maximum amount for Payment Management Requests, which may vary according to the selected payment method, the type of Payment Management Request and/or any other criteria Mercado Pago may set in the future; said amount may be modified at any time pursuant to Section 6(k) hereof.  

 

f) Transactions between Users. Any User who receives Funds as payment for the sale of goods by another User (the “Recipient User”) will send the goods only to the person who has purchased and paid for them (the “Sender User”) after checking in its Mercado Pago Account that the Funds are duly credited. 

 

Any Recipient User who sends goods without checking in its Mercado Pago Account that the Funds paid by the Sender User are credited will bear the entire risk of not being paid for the goods, releasing Mercado Pago and its related companies, affiliates, subsidiaries, parent and/or controlled companies and companies belonging to its economic group (currently or in the future) from any liability in this regard. 

 

You can check your available funds at statement.


If the Sender User does not receive the goods after it has deposited the Funds into the Recipient User’s Account, the Sender User may file a claim through the Buyer Protection Program, within twenty-one (21) days after payment was credited.Both the Sender User and the Recipient User must access Mercado Pago's Platform with their e-mail addresses and personal password to verify that Funds have actually been transferred from and/or credited in their respective Mercado Pago Accounts, not been enough the information received through emails to have them verified.

 

Where Mercado Pago considers that the Recipient User has failed to deliver to the Sender User goods that have already been paid for by the latter through the platform, Mercado Pago may automatically file a claim under the Claims and Disputes Resolution mechanism set forth in these General Conditions, and the Funds will be withheld by Mercado Pago until the claim has been settled.

 

Mercado Pago and its related companies will not be liable for User conduct arising from or related to information in false e-mails or which appear to have been sent by Mercado Pagothat are actually sent by third parties unrelated to Mercado Pago or its related companies. In addition, Mercado Pago and its related companies will not be held accountable for any damage arising from such conduct or the circulation of such false e-mails. 

g) Reversals, chargebacks, repudiation of charges by any means of payment. Notwithstanding the provisions contained in this Section, if a Recipient User has withdrawn Funds and the person sending those Funds, or the owner of the method of payment used, cancels, annuls, makes a chargeback on, repudiates, or reverses the sums involved in the transaction after sending the money, whatever the method of payment used to pay the funds, those sums will be deducted and debited from the Recipient User's Account. Therefore, the Recipient User expressly authorizes Mercado Pago to debit Funds from its Account as may be required to cover any such annulment, chargeback, repudiation, or reversal, or to debit these sums from any future income if there are not enough funds in the Account; For the purposes of challenging the return of Funds, any evidence provided by the Recipient User in this respect to Mercado Pago to support its challenge will be important, but this will not entail that the Funds will be credited back or that Mercado Pago undertakes to object the funds' return, even where the User has effectively furnished evidence. In the event of an annulment, chargeback, repudiation, or reversal, the Recipient User may be liable to Mercado Pago for the relevant sum plus any other applicable cost or expense. Mercado Pago may commence any court or out-of-court proceedings it may deem appropriate in order to be paid the amount at issue. The Recipient User undertakes to keep the supporting documents of the sale of goods or products made through Mercado Pago, including any documentation proving the shipping or delivery of the relevant goods or products, for no less than one year from the date of receipt of the Funds.Regarding this section, please refer to the Seller Protection Program (SPP).

 

h) Liability for the Funds. Mercado Pago will keep the Mercado Pago Accounts' Funds in a bank account held in its name ("Collection Account") and will use different money transfer agents. Mercado Pago will not be liable upon the insolvency of the Bank, the financial entity or agent used for the transfer of Funds or for any legal or regulatory change that may affect the account in which the Funds are deposited by Mercado Pago. In such case, the User will deliver to Mercado Pago all additional amounts necessary for Mercado Pago to exercise its delegated powers.

Users do hereby release Mercado Pago from all liability for events which may affect the banking or financial entities and/or agents where the Accounts' Funds are deposited, as well as from liability related to political and economic situations that could unfold in the country and which are alien to Mercado Pago. In such cases, Users will not be able to attribute any liability to Mercado Pago, its subsidiaries or affiliates, controlling and/or controlled companies, or to demand the reimbursement of money or the payment of lost profits, as a result of any damage caused by that kind of situations, nor will Users be able to hold them liable for payment orders rejected or unprocessed by the system, or for suspended or cancelled accounts.

Users acknowledge that Mercado Pago will deposit the funds provided under the Payment Processing Requests in the bank account(s) previously mentioned. Therefore, upon the occurrence of any of the events described in the previous paragraph, Mercado Pago will not be bound to follow the User's instructions if there are different fund rescheduling, exchange, disposition, conversion or return options. In those cases, Mercado Pago may choose the option which, at its sole discretion, is the most convenient, including the option it deems more appropriate to quickly, easily and orderly settle the funds deposited in the Bank even if that implies a reduction, a deduction, or a time extension in connection with the amounts deposited.

4- Shopping Cart and Payment Button

This section applies specifically to the use of the shopping cart (the “Shopping Cart”) and the payment button (the “Buy Now Button”) offered by Mercado Pago. Hereinafter, the Shopping Cart and the Buy Now Button will be collectively referred to as “Selling Tools.”

a) Requirements. Only Users previously registered and authorized by Mercado Pago may use any of the Selling Tools; to that effect, Mercado Pago reserves its right to request additional information or verify Personal Data. Users using the Selling Tools for selling purposes will hereinafter be called "Sellers" and Users using the Selling Tools for purchasing purposes will hereinafter be called "Buyers."

 

b) Prohibitions. The use of any of the Selling Tools in any Website (i) which has content on, or allows, permits or performs any activity contrary to legal and administrative provisions, morals and good customs and/or hosts activities or goods whose trading is prohibited by the Mercado Pago terms and conditions; or (ii) which promotes or offers sex contents with the participation of minors under 18 years of age, or related to pedophilia, pornography, nudism of minors, whether actual or simulated; or (iii) involving minors under 18 years of age in any way, or movies or photographs of minors under 18 years of age taken illegally or without the consent of the persons involved; or (iv) promoting any kind of violence or discrimination, prostitution, money laundering, the trafficking of arms, people or animals, or other illegal activities; and/or (v) offering contents, goods or services breaching any laws in force, especially those governing the protection of intellectual property rights, software piracy, etc., is strictly prohibited. Mercado Pago may terminate this Agreement and/or temporarily or definitively suspend or cancel an Account, without prior notice, if it finds that the User and/or the Website where a Selling Tool is being used does not comply, whether in whole or in part, with the law or these General Conditions, or if any conduct that is fraudulent or harmful to the image of Mercado Pago, its shareholders, its controlling or controlled companies, affiliates or subsidiaries, officers, employees, directors, agents and/or users and/or third parties is discovered or suspected. Furthermore, Mercado Pago reserves its right to file any court or out-of-court action it may deem convenient.

 

c) Selling Tool Codes. Following the opening of an Account and the authorization to use any of the Selling Tools, the User may post on its Website any of the codes provided by Mercado Pago to generate the Shopping Cart or the Buy-Now Button with the parameters necessary to direct its users to our Site (the "Codes"). Such Codes may take several forms based on Mercado Pago's availability and may not be modified by the User. Mercado Pago reserves its right to periodically update or modify the content and/or look of the Selling Tools and the URLs the Codes are routed to. Mercado Pago will not be liable if the Code is modified and this causes damage to a third party.

 

d) Liability for the Site Where the Selling Tools are Used and the Seller’s business. The Seller will be solely and exclusively responsible for all the contents on its Website. Should one or more Users or any third party bring any kind of court, out-of-court, or administrative claim or action against Mercado Pago, its shareholders, its controlling or controlled companies, affiliates o subsidiaries, officers, employees, directors, agents and employees, the Seller involved in such claims or actions will release and hold Mercado Pago, its shareholders, its controlling or controlled companies, affiliates or subsidiaries, officers, employees, directors, agents, representatives and attorneys-in-fact harmless from any liability. Furthermore, both Parties hereby represent that they are independent contractors and they do not have any kind of corporate or commercial relationship beyond that set out herein, and that each of them will hold the other harmless from any claim resulting from their tax, labor or social security obligations. Neither Party will mislead any person concerning its capacity as independent contractor of the other party, nor bind the other party with third parties. The breach of this obligation by a Seller will entitle Mercado Pago to terminate this agreement at any time by operation of law.

 

e) Transactions processed through VisaNet Perú. Where the total value of a Seller’s transactions processed through Visa payment methods or other payment methods authorized by VisaNet Perú reaches the amount of USD 100,000.00 (one hundred thousand US dollars, or its equivalent in the country’s official currency) within twelve months in a row, such Seller will mandatorily sign up in VisaNet Perú directly under the conditions established by such entity. Mercado Pago may not process the transactions of the Sellers who fail to comply with this obligation. For such purpose, “VisaNet Perú” means Compañía Peruana de Medios de Pago S.A.C., holder of Taxpayer ID [RUC] No. 20341198217, with offices at Av. José Pardo N° 831, piso 10, Miraflores, Lima.

5- Policy on communication and the correct use of Mercado Pago trademarks on the Seller's Website

a) Use of trademarks, logos, and other intellectual property rights: Mercado Pago is the holder and/or licensee of the intellectual property rights available to Users for the use of the Services, including, without limitation, those contained in the Tool Kit that Mercado Pago will furnish to the Seller for the correct communication of the Mercado Pago payment Service.

The Seller undertakes to use the Tool Kit contents pursuant to this agreement and Mercado Pago’s instructions.

In advertising, promoting, and using the Mercado Pago payment platform and the Selling Tools, the Seller undertakes to only use the logos, banners, and other promotional materials provided by Mercado Pago.

The Seller will refrain from using banners or logos designed by the Seller and/or third parties, and any other promotional materials using Mercado Pago's intellectual property rights without Mercado Pago's prior written authorization.

b) Seller's Homepage: Logo, communication of bank promotions and available methods of payment. The Seller undertakes to communicate and use on its Website's homepage the trademarks, logos, banners for bank promotions and accepted methods of payment contained in the Tool Kit.

c) Seller's Website's Methods of Payment Section: Communication. The Seller undertakes to clearly and unequivocally inform its users in the method of payment selection section that the payment platform on its Website is provided by Mercado Pago, for which purpose the Seller will use the method of payment selection banner included in the Tool Kit.

d) Mercado Pago Positioning. If the Seller has more than one method of payment provider, the Seller must post the Mercado Pago method of payment selection banner in first or second place.

e) Mercado Pago Integration. The Seller must integrate Mercado Pago into its Website in compliance with Mercado Pago's effective integration policies, which require the Seller to:

i. Provide the Buyer's e-mail address at the time the Seller's Website and Mercado Pago are connected. To that end, the Seller represents that Seller has the Buyers' authorization.

ii. Implement the latest Mercado Pago checkout version.

iii. Include the Seller's logo and the product price in the Mercado Pago checkout.

f) Use of Sellers' trademarks, logos, and other intellectual property rights. The Sellers authorize Mercado Pago to perpetually use, without charge, their trade name, trademarks, logos, symbols, emblems, colors, and/or designs sent to a Mercado Pago commercial representative (the "Seller's Trademarks") in promotional actions, advertising, and/or communications related to the Mercado Pago service. Therefore, the authorization will only be valid upon sending such e-mail to Mercado Pago. This authorization enables Mercado Pago to show, reproduce, disseminate, and/or publish the Seller's Trademark through any media and on any platform, particularly including, without limitation, Mercado Libre's Platform and Site and e-mails sent to users of Mercado Pago and/or of the Mercado Libre's Platform.

6- General Contracting Conditions

a) Capacity. Only persons with legal capacity to enter into contracts and duly registered as Mercado Pago Users may submit Payment Processing Requests. Minors, persons without legal capacity to enter into contracts or Users temporarily or definitively suspended or disqualified from Mercado Pago's system may not register nor use the services.

 

b) User's Representations. Forbidden Uses. The User hereby represents that the purpose for which the Payment Processing Request is made does not violate any applicable law and that it is not meant for a service, sale or transfer prohibited by law or these General Conditions, including but not limited to: (i) gambling, bets, etc.; (ii) the trafficking of arms, persons, animals, etc.; (iii) money laundering and/or terrorist activities; (iv) pornography, prostitution or pedophilia; and/or (v) any activity which may be considered or suspected to be fraudulent or illegal.

The User may not use Mercado Pago's services to transfer material constituting a crime, or which may directly or indirectly give rise to civil liability or breach Mercado Pago's General Terms and Conditions.

Furthermore, using Mercado Pago to perform any transaction for a User’s own benefit and/or between two or more Users which may be considered or understood as a loan or cash advance, or for the deposit of Funds without a specific purpose or without a purpose related to a business transaction, is strictly prohibited. Mercado Pago will consider, without limitation, that a cash advance is any transaction where Mercado Pago finds that a User credits Funds into its Account and later withdraws such Funds; it also includes any situation where a User makes a Payment Processing Request in favor of another User, who later makes a new Payment Processing Request to the order of the former User, who ultimately requests the withdrawal of Funds.

Should Mercado Pago suspect or find hints of the use of Mercado Pago to carry out any activity prohibited by law or by Mercado Pago's General Terms and Conditions, Mercado Pago may reject, cancel or suspend any Payment Processing Request, and/or temporarily block access to and the use of an Account and/or the use or availability of functionalities, and/or definitively cancel an Account. In such case, the User will be held liable for any damage to Mercado Pago, its controlling and controlled companies, affiliates or subsidiaries, officers, employees, directors, agents, and/or employees, for which purpose Mercado Pago reserves its right to institute any court or out-of-court action it may deem convenient.

The User will be exclusively and unlimitedly liable for any damage Mercado Pago or the other Users of the Mercado Pago's services may have sustained as a result of the User's conduct.

 

c) Use of the Service in User's Name. Users may only use the Services in their own name and not on behalf of third parties. The User will not resell the Services to third parties.

 

d) Mercado Pago is not part of the Peruvian Financial System. It is expressly stated that Mercado Pago is not a bank, a financial institution, a company providing electronic money or a fund transfer company supervised by the Peruvian Superintendency of Banks, Insurance Companies and Pension Fund Management Entities (Superintendencia de Banca, Seguros y AFPs). Neither does Mercado Pago provide any banking or exchange service to Users. Mercado Pago only provides services concerning payment management on behalf of the Users, as per these General Terms and Conditions of Use. 

 

e) Interest. The Funds credited in a Mercado Pago Account do not bear interest and the User may freely dispose of such Funds to perform the transactions described herein once they are credited in its account, within the time terms, and pursuant to the mechanisms and rules, set by Mercado Pago.

 

f) Payments in Foreign Currency. All payments will need to be made in the Colombia’s legal tender. The exchange rate applicable to convert U.S. dollars into Soles will be the selling exchange rate published at the closing of the previous day on the website of  Superintendencia de Banca, Seguros y AFP (www.sbs.gob.pe). 

 

g) Payment Processing Service Fee. The User agrees to pay Mercado Pago a Payment Processing Service fee ("Fee") every time it receives Funds in its Account. Fee Details. Therefore, the User authorizes Mercado Pago to discount and withhold the Fee or any other amount due from the Funds available in its Account. Furthermore, the User authorizes Mercado Pago to discount and withhold from the Funds available in its Account any amount owed to related companies with which Mercado Pago has any kind of business agreement in that respect.

The Fee will not be applicable when the Services are used to make payments related to operations carried out through Mercado Libre (URL www.mercadolibre.com.pe).

 

h) Personal Data Security and Confidentiality. Mercado Pago will not sell, rent or negotiate with other companies the Users' personal data except as and in the cases stated in the Privacy Policies. These data will be used to provide the Payment Processing Service.Users authorize Mercado Pago to share their Personal Data with the companies related to Mercado Pago or to such person as Mercado Pago may have assigned its contractual position or rights under this Mercado Pago Contract, as well as with value-added service providers integrated within the site or through links to other Internet sites to meet the Users' needs associated with the Service provided by Mercado Pago. For more information, please check Mercado Libre’s Privacy Policies, which will be binding upon the Parties in all matters which are not in conflict with the provisions hereof. Any Personal Data will be transmitted through a secure Internet page that will protect and encrypt the Personal Data. Personal data are stored in servers or magnetic storage devices with high security levels. Mercado Pago always stores Users’ credit card data in an encrypted fashion and pursuant to Payment Card Industry Data Security Standards (PCI_DSS).

 

Mercado Pago does not store credit card security codes; therefore, it will always request such code from the User for each payment made through the Platform.

Although Mercado Pago will make its best efforts to protect the security and confidentiality referred to in this section, it will not be liable for any damage resulting from the breach of such measures by third parties who use public networks or the Internet to access such information, or from the User’s own fault or negligence.

 

i) Service and/or Platform Disclaimer. Mercado Pago does not guarantee continuous or uninterrupted access to and use of its Site, the Service or the Selling Tools. The system may be temporarily unavailable due to technical difficulties or Internet failures in links or the Selling Tools, or for any other reason beyond Mercado Pago's control. Users MAY NOT attribute any liability to Mercado Pago or request any kind of redress for damage resulting from such difficulties or any other kind of damage, including indirect, special or consequential damage sustained by Users, even where such failures affect the amounts to be paid or credited.

 

j) Limited License. All intellectual and industrial rights over the Site, the Selling Tools, Codes, development, software, hardware, domain, logos, emblems, logotypes, designs, structure, contents, information, etc. are the property of Mercado Pago and/or its controlling or controlled companies, affiliates or subsidiaries. The User may under no circumstances be deemed to have any kind of right over them other than the rights over the Selling Tools that Mercado Pago places at Seller's disposal during the effective term of this Agreement.

Mercado Pago only authorizes the Seller to use its intellectual property related to the Selling Tools placed at Seller's disposal to carry out activities under this Agreement in its Website by creating a direct link to Mercado Pago's Service. Any other use of Mercado Pago's intellectual property is strictly prohibited. As long as the above limitations are observed, Mercado Pago grants a free, non-exclusive and revocable license to the Seller.

l) Amendments to the Payment Processing Service Terms and Conditions. Mercado Pago may from time to time modify the Payment Processing Service Terms and Conditions. Mercado Pago will notify the User of such changes by publishing an updated version of the terms and conditions on the site and indicating the date of the last update. All amended terms will become effective 10 (ten) days after their publication. Within 5 (five) days following the publication of the amended terms, the User will inform via e-mail if it does not accept those amendments, in which case the contractual relationship will be terminated. Once such term has expired, the User will be deemed to have accepted the new terms and the agreement will continue to be binding on both Parties. The amended Payment Processing Service Terms and Conditions will apply to all Payment Processing Requests submitted after notice is given to the User.

l) Assignment. Users may not assign, transfer, delegate or dispose of the rights or obligations arising out of this Mercado Pago Agreement, whether in whole or in part. Mercado Pago may assign, transfer, delegate or dispose of the rights or obligations arising out of this Mercado Pago Agreement, or its contractual position, whether in whole or in part, for which purpose the User hereby gives its prior consent.

m) Termination. Mercado Pago and the User may terminate this agreement at any time during its effective term without cause, which will lead to the closing the User's Account, but will not suspend compliance with all Payment Processing Requests which have already been authorized by the User at the time such termination is notified. To exercise this termination right, the party seeking termination must have performed all the obligations undertaken with the other party or any third party involved in the transactions.

Furthermore, if the User breaches the conditions hereof or the applicable laws, Mercado Pago may terminate Service provision without prior notice, reserving the right to claim damages for any loss resulting from such breach.

n) Documentation. The User expressly accepts that the documentation and information related to the Agreement as may be provided by Mercado Pago will be, unless otherwise expressly stated, in electronic format. In any case, the User will be able to make copies, including hard copies, of all documentation and information provided by Mercado Pago in connection with the Agreement. The User irrevocably authorizes Mercado Pago and/or any other person designated by Mercado Pago to record User's transactions related to the Services provided by Mercado Pago, and to use those recordings as evidence before any administrative and/or court authorities. The receipts issued by Mercado Pago will be deemed sufficient evidence of compliance with the instructions and the Payment Processing Request, will replace the need for any other receipt and will be fully enforceable against the User. To that effect, the User and Mercado Pago agree to give evidentiary value to the receipts issued as a result of the approvals or instructions given by the User within the scope of the applicable laws.

o) Notices. Users expressly accept that all notices made by Mercado Pago to Users at their registered main e-mail address (special electronic address).

p) Addresses. The address of Mercado Pago is set at Av. Larco 1301, Piso 17Miraflores, Lima 18 - PERU The address set by Users for the purpose of the Payment Processing Requests will be that registered by them with Mercado Pago.

q) Annexes. The following documents are an integral and non-severable part of the Terms and Conditions of Use of this agreement, and they may be reviewed on the Site at the link below, or by directly accessing the relevant pages:

  • Buyer Protection Program
  • Mercado Libre Privacy Policy
  • Seller Protection Program
  • Service Fees
  • Mercado Libre Terms and Conditions

 

r) Dispute Resolution. Users agree to submit any controversy to the decision of Mercado Pago pursuant to the provisions of the Buyer Protection Program (PPP) and the Seller Protection Program (SPP), as the case may be, where applicable. Furthermore, should the PPP and the SPP not apply, Platform Users hereby accept the Claims and Disputes Resolution mechanism established by Mercado Pago. Users accept that they must abide by Mercado Pago's decision whenever the parties to a transaction subject to such mechanism fail to reach an agreement, and waive any claim against Mercado Pago in connection with such decision. In the resolution of disputes subject to the PPP, the SPP, or the claims resolution mechanism, Mercado Pago will only decide that funds are to be returned to a User if it has evidence that sufficiently and reasonably justifies such decision, and funds will be returned exclusively to the bank account from which the funds were transferred.

In the event of a claim made within 10 days following the receipt of a product by a Buying User, and in accordance with the Consumer Protection Law, the Selling User will accept the change or return of the product, and will bear any related expenses, including any shipping costs necessary. Mercado Libre may debit those expenses using the Mercado Pago system from the Selling User’s account. If for the purposes of the transaction the Mercado Envíos service has been used, Mercado Libre may make shipping tags available to the Buying User to effect the return of the product and then deduct the cost of those tags from the Selling User’s Mercado Pago account, as provided above.

 

s) Jurisdiction and Applicable Law. This agreement will be governed by the laws in force in Peru Repubic. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or performance will be submitted to the ordinary courts of the Lima, Perú.

 

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