Mercado Pago Terms and Conditions of Use
Valid from October 1st, 2019
These conditions of use (“General Conditions”) constitute an agreement between any person (individually, a “User”, and collectively, “Users”) wishing to access and/or use the site or the services and Mercado Pago S.A., Taxpayer ID [RUT] No. 76.516.950-K (“Mercado Pago”, “we”, “us”, “our”, and similar terms as appropriate), in which case the User will be subject to the terms and conditions governing Mercado Pago.
These General Conditions describe the User's and Mercado Pago's rights and liabilities on using the payment processing service, the platform and any related product or service offered by Mercado Pago (collectively, the “Service”).
The User should read, understand and accept all the conditions set forth in these General Conditions and other policies and principles incorporated by reference herein before registering as a Mercado Pago User and/or using the Service.
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- Account Registration
a) Registration. Any User wishing to use the Service should register in Mercado Pago and accept these General Conditions. To register, the User needs to complete the registration form with valid data and true, accurate and complete personal information ("Personal Data") in all fields. The User undertakes to update its Personal Data as necessary. Mercado Pago WILL NOT be liable for the accuracy of the Personal Data provided by its Users. In all cases, Users do guarantee and will be liable for the truthfulness, accuracy, completeness, validity and authenticity of the Personal Data provided. All the information and the Personal Data provided by the User will be deemed a sworn statement.
Mercado Pago reserves the right to request additional information and/or proof in order to verify the Personal Data provided by a user, as well as to temporarily or permanently suspend Users in case their information cannot be verified.
Mercado Pago reserves the right to reject a registration request or to temporarily or permanently cancel or suspend an account if it detects inconsistencies or discrepancies in the information provided by a User or suspicious activities, without such decision entitling the User to any claim for compensation or redress.
b) Mercado Pago Account. On registering on Mercado Pago, the User will open an account with Mercado Pago ("Mercado Pago Account" or "Account"). The Mercado Pago Account will enable the User to make payments or send money as well as to collect or request money from third parties through the debiting or crediting of money in the Account.
The User will access its Mercado Pago Account by entering its e-mail address and personal security code ("Passcode"), and a password will be required to request the withdrawal of funds or the sending of funds to another Account ("Payment Code"). The User undertakes to keep all its passwords and codes strictly 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 (ll) Professional Accounts, which may only be obtained after validating any requirement Mercado Pago may deem convenient. See requirements.
It is stated that, irrespective of its type, the Account will at all times be personal, unique and non-transferrable, and it will be assigned to a single User; furthermore, the sale, assignment or transfer of an Account (including its reputation) under any title is strictly prohibited. The User may not permit or authorize the use of its Account by third parties, except for in the case of related accounts (see the “Terms and Conditions of Related Accounts”). The Account will be identified with letters and, except it is expressly stated in another currency, any reference to monetary amounts in Mercado Pago will be deemed made in the national legal tender, i.e., Chilean pesos.
The User understands that Mercado Pago could be remove its condition as Professional Account if the User fails to meet any of the imposed requirements.
2- Payment Management. Power of Attorney
a) Payment Management Agreement. The User and Mercado Pago (jointly, the "Parties") may from time to time enter into payment management agreements (individually, a "Payment Management Request") whereby Mercado Pago will provide payment management or processing services based on the User's instructions (“Payment Management 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.cl (the "Platform" or "Site"). The Parties agree that completed Payment Management Requests will be governed by these general terms and conditions (jointly with the conditions specific for each Payment Management Request, the "Payment Management Service Terms and Conditions").
b) Irrevocable Power of Attorney. On completing a Payment Management Request, the User will grant Mercado Pago an irrevocable power of attorney so that it may: (i) pay on its behalf a certain amount of money regarding which the Payment Management Request is completed ("Funds") and/or (ii) collect the Funds on its behalf, subject to the Payment Management Service Terms and Conditions. The power of attorney granted by the User includes an authorization to dispose on its behalf of certain funds of its Mercado Pago Account and to transfer the Funds to a certain recipient by crediting a Mercado Pago Account designated according to its instructions. 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 its instructions.
Mercado Pago will not use the User's Funds for any purposes other than those specifically instructed by the User.
c) Execution of the Payment Management Request. The Payment Management Request will be executed by the User by sending a Payment Management Request online form detailing instructions regarding the Funds. Mercado Pago reserves the right to refrain from processing Payment Management Requests which are incomplete or if there are inconsistencies between the data provided by the Users and those specifically entered in Mercado Pago or whenever 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 or other circumstances regarding the payment instruction. The payment instructions introduced in a Payment Management Request may only be made through the Platform, and no payment instruction will be processed or deemed valid if made through other means external to the Platform.
d) Perfected Request. The Payment Management Request will not be deemed perfected and Mercado Pago will not take on any obligation or liability whatsoever under it until Mercado Pago: (i) has accepted the User's Payment Management Request (it is expressly stated that Mercado Pago may refrain from accepting the Payment Management Request with no justification of cause 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 incur any liability for any orders, instructions, Payment Management Requests and/or wrong or incomplete payments resulting from the erroneous entry of an e-mail address, relevant information on the recipient or the payment transaction made by the User.
f) Mercado Pago's Liability for Payment Instructions. Mercado Pago will not be liable for or guarantee the performance of the obligations taken on by Users with third parties regarding 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 lost profits or for any damages which the User may have sustained as a result of the transactions made or failed to be made through Mercado Pago's Platform. Since Mercado Pago is not subject to the obligation giving rise to the Payment Management Request, it will not be held liable or be under a duty to verify the causes, amount or any other circumstance regarding said Request or the existence, quality, quantity, working condition, status, integrity or legitimacy of the goods or services offered, acquired or purchased by Users and paid using Mercado Pago, as well as 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 User or Users, each and every User involved in said claims or actions will release Mercado Pago and its directors, managers, employees, agents, operators, representatives and attorneys-in-fact from liability. Users have a 90-day limit from the day of purchase to file a complaint against one or more Users. Once that period has expired, you will not be able to file a complaint from the Mercado Pago site.
3- Delivery, Application and Withdrawal of Funds
a) Delivery of Funds by the User. Once Mercado Pago has accepted a Payment Management Request by the User, the User will have to send to Mercado Pago the amount of money necessary to meet the payment instruction relating to a certain commercial operation or transaction. Users are not allowed to deposit funds without a specific purpose or instructions. The User will deliver the Funds to Mercado Pago through the use of: (i) any of the means available to such 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 Management Request; otherwise, said Request will not be processed.
The crediting of Funds in the User's Mercado Pago Account will be credited within three (3) working days as from the date on which Mercado Pago receives the authorization of the means of payment used in the transaction. This term may be extended if the User must comply with a verification process required by Mercado Pago to process the Payment Management Request. Learn about the authorized Payment Methods.
Mercado Pago will use all reasonable endeavors to guarantee that the above term is met. However, the User understands that due to certain factors, mostly external to Mercado Pago, there may be delays and, consequently, it releases Mercado Pago from all liabilities arising out of the resulting damages or inconveniences.
Mercado Pago will deposit in the User's Account the amount actually credited through the means of payment used, independently of the amount declared by the User where the means 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 have payments or money received through the tools enabled in the Platform and provided the payments are intended to be used for a specific commercial transaction. If Mercado Pago considers that a User may be irregularly using the mechanisms to incorporate 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 5(m) of these General Conditions.
The User undertakes not to apply any additional charge for accepting payments or receiving funds through the Platform.
b) Terms of availability of Funds. Funds credited into a User's Account will be available according to the detail of fees and terms of availability of Funds.
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 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 terms indicated in the previous paragraph, or (ii) at the date of resolution of said claim, when said date is later than the terms indicated in the previous paragraph.
Mercado Pago may release the funds before the specified time terms whenever it deems it appropriate.
For security reasons, the Funds that are credited to the User's Account and/or are in the process of being credited (regardless of the payment method for which the transaction was made) may remain unavailable when, at the sole discretion of Mercado Pago, there are strong suspicions of illegalities, fraud, excessive amount of transactions that may be fraudulent and/or excessive requests for refunds and/or chargebacks, or any other act contrary to these General Terms and Conditions of Use and/or suspicion of violation of legal precepts for which Mercado Pago must respond.
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 card brands as a result of excessive chargebacks related 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 Mercado Pago's Platform at www.mercadopago.com or www.mercadopago.com.cl with the User's e-mail address and personal password. Mercado Pago and its related companies will not be liable for the User’s conduct arising from or related to information contained in false e-mails or which appear to have been sent by Mercado Pago but 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 liable for any damage arising from such conduct or such false e-mails.
c) Instructions regarding the Funds. Mercado Pago will follow the instructions entered by the User to: (i) make a payment with or send the Funds held in its Account or deposited to such effect, intended to be used for a given commercial transaction; or (ii) credit and/or receive in its Account the Funds associated with a commercial transaction. Upon registering on Mercado Pago and keeping an active Account, the User agrees to, accepts and authorizes the reception of Funds sent by other Users to its Account and the debiting of any applicable charge.
d) Withdrawals. Once the Funds are credited in the User's Account, 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. The User acknowledges and accepts that (a) full or partial withdrawals of Funds will be subject to prior payment of any debt, for whatever cause, owed by the User to Mercado Pago and/or Mercado Libre Chile Ltda. and/or companies with which Mercado Pago signed a commercial agreement in that regard (which will be informed to the User), and (b) only Users residing in Chile will be authorized to withdraw Funds from Mercado Pago. The withdrawal of Funds will be made via bank transfer to the bank account timely indicated by the User. Said transfer may take up to 4 business days after the withdrawal request is made. Bank transfers will only be made from bank accounts held by Mercado Pago S.A. Any expenses resulting from the transfer will be borne by the User.
e) Limits. Mercado Pago will determine a maximum amount for Payment Management Requests, which amount may vary according to the selected payment method, the type of Request and/or Mercado Pago's discretion; furthermore, said amount may be modified at any time by simply publishing it in the Platform.
f) Any User who receives Funds in its Account ("Recipient User") as payment for a commercial transaction will only need to send the goods to the person who has purchased them ("Sender User") after checking in its Account, through Mercado Pago's Platform, that the Funds are duly credited. Any Recipient User who sends goods without checking in its Account that the Funds paid by the Sender User have been duly credited, will bear the entire risk of not being paid for the goods, releasing Mercado Pago and its related companies from any liability in this regard. If the Sender User fails to 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 have to 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. Information received via e-mail is not enough to have Funds verified.
Mercado Pago and its related companies will not be liable for the User’s conduct arising from or related to information contained in false e-mails or 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 liable for any damage arising from such conduct or such false e-mails.
g) Reversals, chargebacks, repudiation of charges by any means of payment. Notwithstanding the provisions contained herein, if a User has withdrawn funds and the Sender User or the owner of the means of payment used cancels, annuls, makes a chargeback on, repudiates, or reverses the sums involved in the transaction after sending the money, whatever the means of payment used to pay, these sums shall be deducted and debited from the Recipient User's Account. Therefore, the 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; otherwise, the User undertakes to pay the relevant amount within thirty (30) days following the Funds' deduction. For the purposes of contesting the return of the Funds, any evidence provided by the Recipient User in this respect to Mercado Pago to support its challenge will be important, but this does not entail that the Funds will be credited anew or that Mercado Pago undertakes to object the funds' return, even where the User has effectively furnished proof. 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 relevant court or out-of-court proceedings 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 reception 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 in its name ("Collection Account") opened at Banco BCI (the "Bank") and will use different money transfer agents. Mercado Pago will not be liable for the insolvency of the Bank, the financial entity or agent used for the transfer of Funds or 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 fulfill its duties under the power of attorney.
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 may arise in the country and that 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 demand the reimbursement of money or payment of lost profits resulting from the damage caused by this kind of situations or payment orders rejected or unprocessed by the system, or suspended or cancelled accounts.
Users acknowledge that Mercado Pago will deposit the funds provided under the Payment Management Requests in the bank account(s) previously mentioned. Therefore, upon a situation like those described in the previous paragraph, Mercado Pago will not be bound to follow the User's instructions if there are different rescheduling, exchange, disposal, conversion or return options. In these situations, 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 or payment term extension relating to the amounts deposited.
4- Shopping Cart and Payment Button
This section applies specifically to the use of the Payment Button offered by Mercado Pago, hereinafter the Payment Button.
a) Requirements. Only previously registered Users may use the Payment Button; Mercado Pago reserves the right to request additional information or verify Personal Data. Users using the Payment Button for selling purposes will be called "Sellers" and Users using the Payment Button for purchasing purposes will be called "Buyers."
b) Prohibitions. The use of the Payment Button in any Website (i) which has content or allows, permits or performs any activity contrary to legal and administrative provisions, morals and good customs; or (ii) which promotes or offers sex content 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 in any way minors under 18 years of age or movies or photographs of minors under 18 years of age taken illegally or without the consent of the persons photographed or filmed; or (iv) promoting any kind of violence or discrimination, prostitution, money laundering activities, the trafficking of arms, people or animals, or other illegal activities; and/or (v) offering content breaching any legislation in force, especially that related to 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 Website where the Payment Button is being used does not meet, whether in whole or in part, the standards mentioned above or if conduct fraudulent or harmful to the image of Mercado Pago, its shareholders, controlling and controlled companies, affiliates or subsidiaries, officers, employees, directors, agents and/or its Users and/or third parties is discovered or suspected. Furthermore, Mercado Pago reserves the right to institute any court or out-of-court action it deems convenient.
c) Costs of Collecting Money to be applied to a certain commercial operation and to collect using Mercado Pago. Learn about the Charges for Using the Platform to Collect and Receive Money, as well as all other operating charges.
d) Payment Button Codes. After opening an Account, the User may post on its Website any of the codes provided by Mercado Pago to generate a Payment Button with the parameters necessary to direct its users to our Site (the "Codes"). Such Codes may take several forms according to Mercado Pago's availability and may not be modified by the User. Mercado Pago reserves the right to periodically update or modify the content and/or look of the Payment Button 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.
e) Liability for the Site Where the Payment Buttons are Used. The Seller will be solely and exclusively liable 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, controlling and controlled companies, affiliates o subsidiaries, officers, employees, directors or agents, the Seller involved in such claims or actions will release and hold Mercado Pago, its shareholders, controlling and 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 partnership or business relationship beyond that set out herein, and that each will hold the other harmless from any claim resulting from tax, labor or social security obligations imposed on each. Neither Party will mislead any other person concerning its capacity as independent contractor of the other party nor bind the other party vis-à-vis third parties. Breach of this obligation by the Seller will entitle Mercado Pago to terminate this Agreement at any time by operation of law.
5- Policy on the Correct Use of Mercado Pago Communication and 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 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 these terms and conditions and Mercado Pago instructions.
In advertising, promoting, and using the Mercado Pago payment platform, the Seller undertakes to only use the logos, banners, and other promotional materials provided by Mercado Pago.
The Seller shall refrain from using banners or logos designed by it 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 deals and available means of payment. The Seller undertakes to communicate and use on his website's homepage the trademarks, logos, banners for bank deals and available means of payment contained in the Tool Kit.
c) Seller's Website's Means of Payment Section:Communication. The Seller undertakes to clearly and unequivocally inform his users in the means of payment section that the payment platform on his website is provided by MercadoPago, for which purpose the Seller will use the means of payment selection banner included in the Tool Kit.
d) Mercado Pago Positioning. If the Seller has more than one means of payment provider, he must place the Mercado Pago banner in the first or second place.
e) Mercado Pago Integration. The Seller must integrate Mercado Pago into his website in compliance with Mercado Pago's effective integration policies, including:
Providing the Buyer's e-mail address at the time of connection between the Seller's website and Mercado Pago. To that end, the Seller represents that he has the Buyers' authorization.
Implementing the latest Mercado Pago checkout version.
Including 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 Mercado Pago at email@example.com (the "Seller's Trademarks") in promos, advertising, and/or communications related to the Mercado Pago service. This authorization enables Mercado Pago to show, reproduce, disseminate, and/or publish the Seller's Trademarks through any media and on any platform, including, without limitation, Mercado Libre's Platform and Site and the e-mails sent to users of Mercado Pago and/or Mercado Libre's Platform.
6- General Contracting Conditions
a) Capacity. Only persons who have the legal capacity to enter into contracts and duly registered as Mercado Pago Users may submit Payment Management Requests. Minors, persons who do not have the 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 represents that the subject-matter of the Payment Management Request does not violate any applicable law and that it is not related to any service, sale or transmission prohibited by law or by Mercado Pago's General Terms and 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 (vi) 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 of Mercado Pago's General Terms and Conditions.
Furthermore, using Mercado Pago to perform any transaction which may be considered a loan or cash advance, as well as depositing Funds without a specific purpose or not related to a commercial transaction, is strictly prohibited. "Cash advance" means any transaction where Mercado Pago detects that a User credits Funds into its Account and later withdraws such Funds; it also includes any situation where a User records a Payment Management Request in favor of another User who later makes a new Payment Management Request to its order and finally requests the withdrawal of such Funds.
Should Mercado Pago suspect or find hints of the use of Mercado Pago to conduct any activity prohibited by law or by Mercado Pago's General Terms and Conditions, it may reject, cancel or suspend any Payment Management Request, temporarily block access to and use of an Account and/or the use or availability of applications, and/or definitively cancel the Account. In such case, the User may be held liable for any damage to Mercado Pago, its controlling and controlled companies, affiliates or subsidiaries, officers, employees, directors and/or agents, for which purpose Mercado Pago reserves the right to institute any court or out-of-court action it deems convenient.
The User will be exclusively and unlimitedly liable for any damage Mercado Pago or the other Users of Mercado Pago's services may have sustained as a result of the User's conduct.
c) Scoring System. The Mercado Pago system will give each User a positive score 30 (thirty) days following payment, provided no claim has been filed regarding the transaction, in which case the transaction will be deemed successfully concluded.
However, a User may request Mercado Pago, through the Claim and Dispute procedure, the deletion of the positive score given by the system to its counterparty. The request will be granted or not based on Mercado Pago's decision. Should Mercado Pago decide to render the positive score ineffective, the User will not only lose that score but also an additional score will be deducted from its reputation.
If the same Users perform more than one transaction with each other through Mercado Pago, they may provide a maximum of one positive score and one negative score to each other's reputation.
d) Use of Service in the User's Name. Users may only use the Services in their own name and not on behalf of third parties. The User may not resell Payment Management Services to third parties.
e) Mercado Pago is not a Financial Entity. It is expressly stated that Mercado Pago is not a financial entity and does not provide any banking or currency exchange services to its Users. Mercado Pago only provides payment management services in the name and on behalf of Users under the conditions set forth in the Payment Management Service Terms and Conditions.
f) Interest. The Funds credited in the 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 and pursuant to the terms, mechanisms and rules set by Mercado Pago.
g) Payments in Foreign Currency. All payments will be made in Chilean pesos. The exchange rate applicable to convert U.S. dollars into Chilean pesos will be the selling exchange rate at the closing of the previous day as published on www.diariofinanciero.cl.
h) Payment Management Service Fee. The User agrees to pay Mercado Pago a Payment Management Service fee (the "Fee") every time it receives Funds in its Account. Details on the Fee are available at the Payment Management Service Fee section. 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 companies with whom Mercado Pago has any kind of business agreement in that respect (including, in particular and without limitation, Mercado Libre Chile Ltda.). Mercado Pago will inform the User of the name of such companies.
i) Personal Data Security and Confidentiality. Mercado Pago will not sell, rent or negotiate with other companies Users' personal data except as and in the cases stated in the Privacy Policies. These data will be used to provide the Payment Management Service. However, Mercado Pago may share such information with value-added service providers integrated within the Site or through links to other Internet sites to answer the Users' needs associated with the services provided by Mercado Pago. For more information, please check Mercado Pago's Privacy Policies which will govern this Payment Management Request by way of exception. Any personal information will be transmitted through a secure Internet page that protects and encrypts the information. 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 PCI_DSS standards. 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.
Users acknowledge and accept that Mercado Pago may access to the contact list stored in the mobile device used. Mercado Pago will use this information only for the purposes of locating and identifying mobile numbers and/or e-mail addresses of other Users and/or of potential users. Likewise, the Users acknowledge having authorization to share said information with Mercado Pago.
As to potential users, Mercado Pago will not keep records of any names, postal addresses, bank data, ID card numbers and/or ID document numbers nor any other information that would enable to identify a person’s identity. Mercado Pago will only keep records of mobile numbers and e-mail addresses.
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 nor for any damage attributable to the User’s fault or negligence.
j) 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 Selling Tools or for any other circumstance 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.
k) Limited License. All intellectual and industrial rights over the Site, 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 and 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 the Seller's disposal during the effective term hereof.
Mercado Pago only authorizes the Seller to use its intellectual property related to the Selling Tools placed at the Seller's disposal to perform the 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 will grant a free, non-exclusive and revocable license to the Seller.
l) Modifications to Payment Management Service Terms and Conditions. Mercado Pago may from time to time modify the Payment Management Service Terms and Conditions. Mercado Pago will notify the User of such changes by publishing an updated version of said terms and conditions on the site and indicating the date of the last update. All modified terms will become effective 10 (ten) days from publication. Within 5 (five) days following publication of the modifications, the User will inform via e-mail if it does not accept said modifications, in which case the contractual relationship will be terminated. Once this term has expired, the User will be deemed to have accepted the new terms and the Agreement will continue governing the relationship between the Parties. The modified Payment Management Service Terms and Conditions will apply to all Payment Management Requests submitted after such notice has been sent to the User.
m) Termination. Mercado Pago and the Service User may terminate this agreement at any time during its life without cause, which will involve closing the User's Account but will not suspend compliance with all Payment Management Requests already authorized by the User upon notice of termination. To exercise this power, the party seeking termination must have performed all the obligations undertaken vis-à-vis the other or any third party involved.
Furthermore, if the User breaches the conditions hereof or applicable laws, Mercado Pago may terminate Service provision without prior notice, reserving the right to claim damages resulting from such breach.
n) Documentation. The User may make copies of all documentation related to the Agreement. The User irrevocably authorizes Mercado Pago and/or any other person appointed by Mercado Pago to record the User's transactions related to the Services provided by Mercado Pago and to use such records as evidence before any administrative and/or court authority. The receipts issued by Mercado Pago will be deemed sufficient evidence of performance of the instructions and the Payment Management Request, will replace the need for any other receipt and will be fully enforceable against the User. To such 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 applicable laws.
o) Notices. All notices made by Mercado Pago to Users at their registered main e-mail address will be deemed valid.
p) Addresses. The address of Mercado Pago is set at Rosario Norte 532, Piso 2 – Las Condes, Santiago, Chile. The address set by Users for Payment Management Requests will be that registered by them on Mercado Pago.
q) Annexes. The following documents are an integral and non-severable part of the Terms and Conditions of Use incorporated to this agreement, and they may be visited on the Site at the link below or by accessing directly to the relevant pages:
r) Dispute Resolution. Users agree to submit any controversy to the decision of Mercado Pago pursuant to the provisions of the Buyer Protection Program (BPP) and the Seller Protection Program (SPP), as the case may be and as applicable. Furthermore, should the BPP and the SPP not apply, Platform Users hereby accept the terms and conditions of the Claims and Disputes Resolution mechanism established by Mercado Pago. Users accept that they must abide by Mercado Pago's decision when the parties to a transaction subject to said 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 BPP, the SPP, or the Claims and Disputes 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.
s) Jurisdiction and Applicable Law. This agreement will be governed by the laws in force in Chile. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or performance will be submitted to the ordinary courts in the City of Santiago de Chile.
In case of conflict between the English version with the Spanish one, the Spanish version shall prevail.