Mercado Pago Terms and Conditions of Use

Unofficial translation

Valid from September  27, 2022

1. General Terms and Conditions

These terms and conditions of use, including their annexes (“Terms and Conditions”), constitute an agreement between any individual or legal entity wishing to access and/or use the services of MercadoPago S.A., Taxpayer ID (RUT) No. 76516950-K (“Mercado Pago Operator”) and/or Mercado Pago Emisora S.A., RUT No. 77214066-5 (“Mercado Pago Issuer”, and both jointly and indistinctly “Mercado Pago”, “we”, “us”, “our”, and similar terms, as appropriate), in which case the User will be subject to these Terms and Conditions, which govern Mercado Pago.

These Terms and Conditions describe the User's and Mercado Pago's rights, obligations and liability in using the payment processing services of Mercado Pago Operator in accordance with Section 4 (“General Services”) and Section 5 (“Operator Services”), and/or the prepaid card issuance services of Mercado Pago Issuer pursuant to Section 6 (“Issuer Services”) and any related product, feature or service offered by Mercado Pago (unless expressly stated otherwise, any of them indistinctly referred to as the “Service” and, collectively, the “Services”, as applicable).

The User should read, understand and accept by electronic signature all the conditions set forth in these Terms and Conditions and other policies and principles incorporated by reference herein before registering as a Mercado Pago User and/or using the Services, as the case may be. 

By accepting these Terms and Conditions personally or through a representative in the case of legal entities, Users declare that (i) they have received, read, and understood these Terms and Conditions in their entirety; (ii) the background information submitted during Registration (as defined hereinafter) is accurate; and (iii) they expressly acknowledge that said background information is instrumental to the use of the Services.

If you do not accept these Terms and Conditions, which are binding and compulsory, you should refrain from using the Site, the Platform, the Application (as defined hereinafter) and/or the Services.

 

2. Levels of Interaction with the Services 

Users are classified as follows according to their level of interaction with the Services:

• Buying User: Individual or legal entity who has registered in accordance with Section 3 below and uses the payment processing services of Mercado Pago to purchase goods and/or services with the Payment Methods offered by Mercado Pago (except for the Mercado Pago Prepaid Card, as defined hereinafter) on Mercado Libre’s website, located at URL www.mercadolibre.cl (the “Mercado Libre Site”), or the website or store of the Selling User (as defined hereinafter), as the case may be.

See Section 4 hereof for the terms and conditions of the General Services for Buying Users.

• Selling User: Individual or legal entity who has registered in accordance with Section 4 below and uses the payment processing services of Mercado Pago to sell goods and/or services with the Payment Methods offered by Mercado Pago on the Mercado Libre Site, the Platform, the Application, or the website or store of the Selling User, as the case may be, through the available Selling Tools (as defined hereinafter).

See Section 5 hereof for the terms and conditions of the Operator Services for Selling Users.

• Mercado Pago Prepaid Card User: Individual or legal entity who has registered in accordance with Section 3 below and entered into an agreement with Mercado Pago Issuer to obtain a Mercado Pago Prepaid Card to conduct authorized transactions pursuant to Section 6.

See Section 6 hereof for the terms and conditions of the Issuer Services for Prepaid Card Users.

Unless expressly stated otherwise, any Buying User, Selling User, and Mercado Pago Prepaid Card User shall be indistinctly referred to as the “User” and, jointly, the “Users”, as the case may be. 

The terms, conditions, scopes, and limitations defined for each User category shall apply. Where a User belongs to more than one category, the terms, conditions, scopes, and limitations governing those categories shall apply cumulatively. 

 

3. User Registration
4. a) Registration

Any User wishing to use the Services should register (the “Registration”) on Mercado Pago through the Mercado Pago platform or website located at URL www.mercadopago.cl (the “Site” or the “Platform”) or the Mercado Pago Mobile Application (the “Application”) and accept these Terms and Conditions.

To register, Users will need to fill out all fields of the registration form with valid data and true, accurate and precise personal information (“Personal Data”) and submit to Mercado Pago the requested information or documentation. Users undertake to update their Personal Data as necessary. When submitting Personal Data, Users accept Mercado Libre’s Privacy Policy, which is an integral part of these Terms and Conditions.

Mercado Pago will not be liable for the accuracy of the Personal Data provided by Users. In all cases, Users guarantee and will be held liable for the truthfulness, accuracy, integrity, validity and authenticity of the Personal Data provided and the information submitted. Users shall indemnify and hold Mercado Pago and/or its related companies, as the case may be, harmless against any damage caused by the processing of unauthorized Personal Data entered by the respective User. All the information and Personal Data furnished by Users will be deemed a sworn statement. If the User is a legal entity, the individual conducting the Registration must have the legal capacity to enter into agreements on behalf of and bind said entity.

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

Moreover, in order to comply with the applicable anti-money laundering and terrorist financing regulations and its internal policies in that regard, Mercado Pago may request Users to provide certain information and/or documentation in order to identify, know, and monitor the client and their operations, and this requirement may vary according to each User’s activity on the Platform and/or the Services used. Mercado Pago may regularly ask Users to update that information and/or documentation.

Mercado Pago reserves its right to reject a registration or Service hiring request or to temporarily or definitively cancel or suspend the Services, as the case may be: (i) if it finds inconsistencies or discrepancies in the information provided by a User or suspicious or unusual activities by the User in connection with money laundering, terrorist financing, or fraud; or (ii) if the User fails to timely provide or update the information and/or documentation required by Mercado Pago; or (iii) if the activity informed by the User is prohibited by Mercado Pago’s client acceptance policy inasmuch as it consists in a commercial activity and/or business legal structure posing a high terrorist financing and money laundering risk. Under no circumstances will the foregoing entitle the User to any form of compensation or redress.

Users may not register on Mercado Pago if they are (i) subject to International Sanctions (“Sanctions”) or (ii) located or residing in a country or territory subject to Sanctions or whose Government is subject to Sanctions, including, without limitation, the Crimea Region, Cuba, Iran, Syria, and North Korea. In particular, Users will be rejected, suspended, or disqualified if they are included in the OFAC (US Office of Foreign Assets Control) Sanctions List, the United Nations Security Council List, and all lists published by the Financial Analysis Unit (“UAF”), and the registration on or use of the Mercado Pago application in the sanctioned territories or jurisdiction is strictly prohibited. 

 

1. b) Mercado Pago Account

Upon registering on Mercado Pago, the User will open an account with Mercado Pago (the “Mercado Pago Account”). The Mercado Pago Account will enable the User to use the Services with the transactions or features enabled for the respective User category and Service hired. Therefore, the Mercado Pago Account will enable the User to, among other things, (i) access information about the User’s data, Mercado Pago Account balance, transactions performed, or account statement (as per Section 7(p)), and the available Selling Tools; (ii) make payments, send money, deposit and withdraw money, or other authorized transactions; (iii) access the help center; and, in general, use any other feature enabled in the future.

Users access the Mercado Pago Account through the Platform or Application by entering their e-mail address and personal security code (“Passcode”). Users undertake to keep their Passcode confidential. Users will be solely and exclusively liable for all transactions conducted in their Mercado Pago Account. Users undertake to immediately notify Mercado Pago through proper and reliable means of any unauthorized use of their Mercado Pago Account and/or Platform or actual or attempted access by unauthorized third parties.

During subsequent uses of the Platform or the Application, in order to access the Mercado Pago Account, Users must enter their Passcode or use any other authentication method authorized by Mercado Pago, including biometric identification or any other method implemented by Mercado Pago in accordance with technological developments and the applicable international best practices. These methods may also be enabled and requested to conduct authorized transactions or operations.

It is hereby expressly stated that, irrespective of its type, the Mercado Pago 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. Users may not permit or authorize the use of their Mercado Pago Account by third parties, except in the case of linked accounts (see the Terms and Conditions for Linked Accounts) and they will only apply to Buying Users and Selling Users who have not hired the Issuer Services.

 

4. General Services
5. 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 payment or sale, as the case may be, with the Mercado Pago Prepaid Card and/or the other Payment Methods offered by Mercado Pago Operator, through (i) the Mercado Libre Site; (ii) the Platform; (iii) the Application; and (iv) the Selling User’s website or store through the available Selling Tools, as the case may be.

 

1. b) Payment and Collection Powers

Upon completing a Payment Processing Request, the User will grant 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 Processing Request (the “Funds”) and/or (ii) collect the Funds on the User’s behalf, subject to these Terms and Conditions. The irrevocable powers granted by the User constitute an authorization to Mercado Pago to dispose on the User’s behalf of certain Funds in the User’s Mercado Pago Account and to transfer those Funds to the designated recipient User’s Mercado Pago Account following the former’s instructions. Furthermore, the irrevocable powers constitute an authorization by the User to Mercado Pago to receive, collect, and credit Funds in the User’s Mercado Pago Account following the User’s instructions. These powers and authorization may only be revoked if there are no User obligations pending payment, and the revocation will only enter into effect in the month following the date of payment. 

Mercado Pago will settle, credit, and keep the User's Funds in the User’s Mercado Pago Account under the conditions and within the time periods set forth in these Terms and Conditions and/or in any other special or specific conditions set out in connection with other Mercado Pago products or services.

 

1. c) Making a Payment Processing Request

The Payment Processing Request will be made by the User by sending a Payment Processing Request form. 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 User and the data specifically entered in Mercado Pago, or simply if Mercado Pago deems it convenient, without the need 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 processing instruction, nor any other circumstances regarding the payment processing instruction. The instructions given in a Payment Processing Request may only be effectuated through the Mercado Libre Site, the Platform, the Application, and/or the Selling User’s website or store, as well as any other channel authorized to that end, pursuant to these Terms and Conditions, and no payment instruction will be processed or deemed valid if made through any means other than those set forth herein.

 

1. 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 Payment Processing Request until: (i) Mercado Pago has accepted the User's Payment Processing Request or (ii) the entire Funds required to perform the requested transaction are available in the Mercado Pago Account.

 

1. e) Liability for the Request

Mercado Pago will not be liable for any wrong, duplicate, or incomplete orders, instructions, Payment Processing Requests and/or payments resulting from the User’s provision of incorrect Mercado Pago Account identification data or inaccurate information regarding the recipient or the payment transaction.

Mercado Pago shall make its best technical efforts to ensure that the information in its system is treated under strict confidentiality. In order to keep the system’s operation optimal and prevent fraudulent or unauthorized instructions, Users must adopt basic measures in connection with the use of digital platforms, including, without limitation: (a) keeping under strict confidentiality their username and Passcode, which may not be shared with third parties. Mercado Pago will never ask for Users’ passcodes through e-mails or other digital channels or telephone; (b) conducting transactions on computers that have basic security measures in place, such as antivirus and antifraud software; (c) refraining from accessing the virtual Platform from third-party computers or computers connected to the internet through a public network; and (d) refraining from clicking on links in suspicious e-mails.

 

1. 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 Mercado Libre Site, the Platform, the Application, and/or the Selling User’s website or store, as well as any other authorized channel. Users acknowledge and accept that all transactions conducted with other Users or third parties are made out of their free will, with their full consent and at their 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 Users may have sustained as a result of transactions made or not made through the Platform, the Application, and/or the Selling User’s website or store, as well as any other authorized channel. 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 User or Users, each and every User involved in such claims or actions will release Mercado Pago and its directors, managers, employees, agents, operators, representatives and attorneys-in-fact from liability. Likewise, Users will be equally liable to any payment method companies whose services are used for the purposes of their transactions, who do not guarantee the fulfillment of the obligations undertaken by Users with third parties in connection with any payment to be made or received through the Platform, the Application, and/or the Selling User’s website or store, as well as any other authorized channel. Users will have sixty (60) running days from the date of purchase to file a claim against one or more Users. Upon lapse of such term, Users will not be able to file a claim on the Site.

 

1. g) Chargebacks and repudiation of charges by any Payment Method

For the purposes of these Terms and Conditions, “chargeback” is the process by means of which: (a) a Buying User files a claim with Mercado Pago in connection with an unknown charge in the statement of account, and the Payment Method or Card Issuer charges to Mercado Pago the amount of the claimed Transaction; or (b) Mercado Pago makes a charge or creates a charge instruction in the Mercado Pago Account due to a violation by the Selling User of: (i) these Terms and Conditions; (ii) the procedures, rules or regulations of international Card companies for the conduct of Transactions; and (iii) the legal or administrative provisions applicable to these Terms and Conditions.

Notwithstanding the provisions contained in this Section, if a User has withdrawn Funds and the User who sent those Funds, or the holder of the Payment Method used cancels, annuls, makes a chargeback on, repudiates, or reverses the sums involved in the transaction after sending the money, whatever the Payment Method used to pay the funds, those sums will be deducted and debited from the recipient User's Mercado Pago Account. Therefore, Users expressly authorize Mercado Pago to debit Funds from their Mercado Pago 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 Mercado Pago Account, and Users undertake to pay the relevant amount within thirty (30) running days following the Funds' deduction. For the purposes of challenging the return of Funds, any evidence provided by recipient Users in this respect to Mercado Pago to support their 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 Users have 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 Proof (as defined hereinafter) and any other supporting documents of the sale of goods or products paid for 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.

In the case of Transactions (as defined hereinafter) where the Selling User has failed to comply with one or more requirements set forth in these Terms and Conditions and their Annexes and, ultimately, after all relevant dispute resolution processes have been completed, the amount thereof is borne by the respective Payment Method or Card Issuer, Mercado Pago will pay the sum to the Selling User. 

Regarding this section, please refer to the Seller Protection Program (SPP) applicable to goods Selling Users on the Mercado Libre Platform.

 

5. Mercado Pago Operator Services

The following special terms and conditions apply to the rendering of Payment Processing Services by Mercado Pago Operator for the sale of goods and/or services by Selling Users with the Payment Methods (as defined hereinafter).

 

1. a) Mercado Pago Operator

MercadoPago S.A., RUT No. 76516950-K, is a special corporation acting as Prepaid Card Operator whose incorporation in that capacity was approved under Resolution No. 3190 of June 25, 2020, issued by the Financial Market Commission (CMF), authorized to perform its exclusive Prepaid Card operation business pursuant to its registration with the Register of Prepaid Card Operators of the Financial Market Commission (the “Operators Register” and the “CMF”, respectively) conducted on November 9, 2021, which enables it to exclusively operate debit, credit, and prepaid cards (“Cards”). 

In light of the foregoing, Mercado Pago Operator, as Card Operator authorized to conduct its exclusive Card operation business, will render Operator Services on its own behalf and, when operating Cards, it will be responsible for payment to Selling Users and the settlement and payment of obligations payable to Selling Users in connection with the use of Cards.

Mercado Pago Operator will offer its own or third-party technological infrastructure necessary to render the Services and adopt all measures at its disposal to ensure the Services’ correct operation and continuity. 

Mercado Pago Operator has service continuity plans in the event of unexpected or contingency interruptions in the case of disaster. If the Operator Services become unavailable or are interrupted and this causes duly evidenced harm to the Selling User, the liability of Mercado Pago Operator will be limited to twelve (12) months of fees payable by the Selling User after the incident, without prejudice to Section 7(h) below. 

 

1. b) Payment Methods

After Registration, acceptance of these Terms and Conditions, and the Selling User’s authorization by Mercado Pago, the Selling User undertakes to accept the use of the Cards operated by Mercado Pago and other authorized payment methods (together with the Cards, the “Payment Methods”) as payment method to purchase the goods or services sold or rendered by the Selling User and conduct any other transaction authorized now or in the future with said Payment Methods (the “Transactions”), provided they are conducted in accordance with the conditions set forth herein. 

These Terms and Conditions will apply to all Payment Methods accepted or operated by Mercado Pago Operator authorized in each case and those it may operate in the future. If Selling Users wish to exclude one or more Payment Methods, they must send a request via e-mail to emprendedores@mercadopago.com.

Click here to know more about the authorized Payment Methods.

 

1. c) Selling Tools 

Transactions with the Payment Methods must be conducted by the Selling User only through the transaction channels or tools (the “Selling Tools”) authorized and agreed between the Parties.

The following are the available Selling Tools:

• Payment Button: After opening their Mercado Pago Account and being authorized to use this tool, Users may post on their 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 their users to our Site (the “Codes”). The Codes may take several forms based on Mercado Pago's availability and may not be modified by the Selling 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 by a Selling User and this causes damage to a third party.
• Integration of Mercado Pago Checkout through the different authorized modalities in compliance with Mercado Pago’s integration policies: 

1. Checkout Promodality
2. Checkout API modality
3. CheckoutBricks modality

• QR: It allows the Selling User’s customers to pay with the Application by scanning QR Codes. The QR terms and conditions will apply.
• MERCADO PAGO POINT: It allows the Selling User’s customers to pay in person using the Mercado Pago Point card reader. The Mercado Pago Point terms and conditions will apply.

 

1. d) Prohibitions

Selling Tools may not be used on a Selling User’s website and/or any store, as the case may be, that (i) has contents or allows or is engaged in any activity in violation of local legal, administrative, or regulatory provisions (particularly those referring to payment systems and/or money laundering and terrorist financing prevention) and moral and social conventions; or (ii) promotes or has sexual content involving people under 18, related to pedophilia, pornography, or naked minors, either real or simulated; or (iii) involves in any way people under 18 or illegal films or photographs of people under 18 or taken or made without the consent of the people appearing therein; or (iv) promotes violence or discrimination of any kind, prostitution, money laundering, weapon, human, or animal trafficking, or other illegal activities; or (v) offers content in violation of any applicable law, particularly legislation on intellectual property rights, antipiracy, etc.; or (vi) triggers alerts or suspicions of any unlawful or fraudulent activity. Mercado Pago may terminate this agreement and/or temporarily or permanently suspend or ban a Selling User or a Mercado Pago Account without prior notice if it is determined that the store and/or website of the Selling User where the Selling Tools are used partially or fully fails to comply with the foregoing standards or in the case of actual or suspected fraudulent behavior or other actions that could cause reputational damage to Mercado Pago, its shareholders, controlling or controlled companies, affiliates or subsidiaries, officers, employees, directors, agents, and/or users and/or third parties, card issuers, or brands. Moreover, Mercado Pago reserves the right to bring such court or out-of-court actions as it may deem appropriate.

 

1. e) Liability for the Website Where the Selling Tools are Used 

Selling Users will be solely and exclusively responsible for all the contents on their 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 Selling User involved in such claims or actions will indemnify and hold Mercado Pago, its shareholders, its controlling or controlled companies, affiliates or subsidiaries, officers, employees, directors, agents, representatives and attorneys-in-fact harmless against 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 Mercado Pago nor the Selling User will mislead any person concerning their capacity as independent contractor of the other party, nor bind the other party to third parties. A breach of this obligation by a Selling User will entitle Mercado Pago to immediately terminate this agreement.

 

1. f) Safeguarding and Secure Use of Payment Methods 

In order to ensure the correct operation of the system and prevent the illegitimate or fraudulent use of Cards, the Selling User undertakes to train at its own expense its personnel and employees on the operation and handling of all aspects of the system.

Selling Users may only allow the use of Cards (except for the Mercado Pago Prepaid Card) in a payment transaction to obtain cash if they previously hired from Mercado Pago the Sale with Change (Venta con Vuelto) modality. Therefore, Selling Users undertake not to give cash advances or loans, cash checks or other documents, or guarantee with proofs of sale current, future or potential obligations of the holders of Cards other than the payment of a good or service, or conduct inquiries on the validity and/or availability of funds of Cards if unrelated to a payment transaction. Selling Users may under no circumstances offer Card holders, and Card holders may not accept from Selling Users, proposals to change how the system works. Cards may only be used to pay for sales or services giving rise to the holder’s payment obligation. 

Selling Users undertake to adopt all security measures required to adequately protect the information on the transactions conducted with Cards. Notwithstanding the ownership of the information of Card holders under the applicable law, the information contained in the Cards is owned by the respective Issuers and the Card holders and it is confidential in nature; thus, it is expressly prohibited to store the information shown in the front and back of the Cards, including the data contained in the magnetic band, chip, or similar components of the Card, without the Card holder’s authorization. Selling Users will be liable to Mercado Pago and the relevant third parties for any harm resulting from a failure to comply with the provisions of this paragraph.

Due to valid reasons concerning the Card system’s security or stability, which will be timely notified to the Selling User, Mercado Pago may apply temporary restrictions, prohibitions, or suspensions regarding the acceptance of Cards.

Moreover, in the course of its operations, Mercado Pago Operator will comply with all security measures, standards, and/or requirements set forth in the regulations of the companies that own the brands of the Cards it operates, following the international practices and security rules contained in the Payment Card Industry–Data Security Standards issued by the PCI Security Standards Council, LLC, available at https://www.pcisecuritystandards.org/security_standards/documents.php, in addition to any security measures and standards contained in the applicable law. 

The parties to these Terms and Conditions agree that, for valid reasons concerning the security of the information or the correct operation of the Payment Methods, Mercado Pago Operator may impose on Selling Users temporary restrictions, prohibitions, or suspensions regarding the acceptance of Payment Methods and modify or issue new instructions or operating rules to enhance the safety of operations. 

The parties to these Terms and Conditions represent that any failure to comply with the obligations set forth in this Clause will be deemed a material breach of these Terms and Conditions by the Selling User and constitute grounds for early termination of these Terms and Conditions pursuant to Section 7(j).

Selling Users will be liable to Mercado Pago Operator and the relevant third parties for any harm resulting from a failure to comply with the provisions of this subsection (f).

Selling Users authorize Mercado Pago to conduct reasonably necessary reviews to verify effective compliance with the obligations set forth in these Terms and Conditions.

 

1. g) Transactions

Cards may not be used to perform Transactions other than those inherent in the business of the Selling User. Mercado Pago will define Selling Users’ business based on the information provided during Registration, their activity, and the goods and services they sell. 

Transactions may only be performed through the authorized Selling Tools. 

Selling Users will supply to the Payment Method holders or their buying customers the goods and/or services inherent in their business. For the acceptance of Cards as payment methods, the Selling User must identify the Buying User who is the holder of the Card and request or obtain their authentication by means of a physical or electronic signature in the Proof of the transaction, the entering of the secret passcode provided by the Card issuer, or any other authentication method accepted by Mercado Pago, which may consist in biometric authentication or any other mechanism implemented by Mercado Pago in accordance with technological developments and the applicable international best practices. Selling Users must not process any Transaction that has not been duly authenticated. The Mercado Pago systems will tell the User the authentication method required by the respective Transaction.

Selling Users will charge the Card holders no more than the cash prices offered to the public at large, including applicable tax, without any surcharges, even in the case of goods and/or services subject to special discounts on account of promotions, special offers, clearance sales, bargain sales, outlet sales, special discount days, etc.

All Transactions will require the generation of a document (physical or electronic, as the case may be) issued in a form authorized by Mercado Pago as proof of the respective Transaction (“Proof”).  The Transaction will be deemed validly conducted only if said Proof is generated. The Proof will authorize the Selling User to require that Mercado Pago Operator pay for the respective Transaction. The Selling User must keep the Proof for at least one year as from the date of the respective Transaction. Within that term, Mercado Pago may request that the Selling User submit the respective Proof and, if the Selling User fails to do so within the allotted timeframe or the documentation does not meet the stated requirements, Mercado Pago will be entitled to deduct the amount of the relevant Transaction from any future payment.

Transactions conducted with Cards must be in Chilean legal tender.

 

1. h) Payment of the Funds to the Selling User

The Funds of Transactions will be transferred to the Selling User’s Account that the Seller had designated for such purposes and become available in the timeframes indicated according to the specific Fund availability terms and fees. 

Mercado Pago will pay the Funds to the Selling User by: (i) releasing them in the Selling User’s Mercado Pago Account if it is a Prepaid Account (CPF) as part of the services of Mercado Pago Issuer; or (ii) transferring them to the bank account entered by the Selling User in the Mercado Pago systems, which bank account must be held by the Selling User.

In any case, the Funds will be paid to the Selling User within no more than fifteen (15) running days following the respective Transaction. 

Selling Users are exclusively responsible for timely informing any change in the bank account to which the Funds are to be transferred, and Mercado Pago will not be liable for any harm resulting from the failure to inform any such change.

If the Buying User who made the payment reports that the transaction conducted through the Mercado Libre Platform was not concluded, a claim will be automatically initiated under the User Dispute Resolution mechanism se forth in Section 7 of these Terms and Conditions, and the Selling User’s Funds will be withheld or debited, as the case may be, by Mercado Pago from the Selling User’s Mercado Pago Account until the claim is settled. If the Claim is resolved in favor of the Selling User, the Funds will become available (i) in the periods set forth in the specific Fund availability terms and fees or (ii) on the date of resolution of the claim if that date is subsequent to the periods indicated in the previous item.

Mercado Pago may release the funds before these periods elapse where it deems appropriate.

Mercado Pago will deduct from the sums payable to the Selling User any tax applicable to the Transactions which must be withheld pursuant to law, in addition to any other amount authorized by the Selling User. The Selling User will bear all direct, indirect, fiscal, municipal, or other taxes resulting from sales, services, and advertisements in general. The User hereby authorizes Mercado Pago to deduct from the amounts to be paid for the Transactions any sum owed by the User to Mercado Pago by way of fees payable to Mercado Pago, taxes and other deductions authorized in these Terms and Conditions.

For security reasons, Funds credited or in the process of being credited to the Selling User’s Mercado Pago Account (regardless of the Payment Method used in the Transaction) may remain temporarily unavailable for no more than fifteen (15) running days as from the date of the Transaction if, at Mercado Pago’s sole discretion, there are strong suspicions of unlawful acts, fraud, an excessive number of transactions that might be fraudulent and/or excessive requests for reimbursements and/or chargebacks, or any other act running counter to these Terms and Conditions and/or suspected violations of statutory regulations that Mercado Pago must comply with. 

The Selling User will be responsible for paying fines, rates, penalties, damages, costs, claims or charges of any kind applied to Mercado Pago by buyer companies and/or card companies as a result of events, acts, or omissions attributable to the Selling User, as well as excess chargebacks or retries, annulments, or similar events related to the Transactions conducted by the Selling User.

All information about the Funds available in the Mercado Pago Account must always be verified by Selling Users through the Platform using their e-mail and Passcode.

Mercado Pago may temporarily suspend or block products or services hired by the Selling User totally or partially if it detects actual or attempted potentially fraudulent transactions or in light of undue uses, acts of God, or other serious circumstances that, due to their nature, may pose a risk to the interests of the Buying User and/or Mercado Pago. 

 

1. i) Transaction Information

Pursuant to Section 7(p), Mercado Pago will inform Selling Users online through their Mercado Pago Account about the crediting of Transactions they have conducted for control and reconciliation purposes. If Transactions and/or payments made during the respective period are omitted, withholdings, deductions, or other charges are applied erroneously, or there are any discrepancies, Selling Users must notify Mercado Pago by submitting a claim and/or inquiry through the Help channel.

 

1. j) Previous check

Selling Users who have sold a good must only send the good to the buyer after checking in their Mercado Pago Account, through the Mercado Pago Platform, that the Funds have been duly credited. Selling Users who dispatch a good without first checking in their Mercado Pago Account that the Funds paid by the buyer were credited will fully assume the risk of non-payment of the good and release Mercado Pago and its related companies of any liability in that respect. If the Buying User does not receive the good after having validly conducted a Transaction on the Mercado Libre Site with the authorized Payment Methods, the Buying User may submit a claim through the Protected Purchase Program. Both the Buying User and the Selling User must access the Platform using their e-mail and Passcode to verify that the Transaction was conducted with the respective Payment Method and the Funds were credited to the Selling User’s Mercado Pago Account, for which purpose the information received via e-mail will not constitute sufficient means of verification. Mercado Pago and its related companies are not responsible for the actions of Users or third parties originating in or related to information contained in e-mails that are fake or appear to come from Mercado Pago sent by third parties unrelated to Mercado Pago or its related companies, or for the harmful consequences of those actions or the circulation of the abovementioned fake e-mails.

 

1. k) Transaction Reimbursement Request

Selling Users may request from Mercado Pago through their Mercado Pago Account the reimbursement of Transaction amounts to their customers within no more than ninety (90) running days after the date of the Transaction, to be deducted from the balance of the Funds in the Selling User’s Mercado Pago Account as well as any Transaction sums payable to the Selling User by Mercado Pago. Requests for annulments or reversals may be rejected by Mercado Pago, particularly in cases where no Transactions pending payment to the Selling User exist.

 

1. l) Policy on communication and the correct use of Mercado Pago trademarks on the Seller's Website
2. 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 make available to Selling Users for the correct communication of the Mercado Pago payment method service.

Selling Users undertake to use the Tool Kit contents pursuant to this agreement and Mercado Pago’s instructions.

In advertising, promoting, and using the Platform, Selling Users undertake to only use the logos, banners, and other promotional materials provided by Mercado Pago.

Selling Users will refrain from using trademarks, names, banners or logos designed by Selling Users and/or third parties, and any other asset subject to the protection of Mercado Pago's intellectual or industrial property rights (registered or otherwise) without Mercado Pago's prior written authorization.

2. Selling User’s Homepage: Logo, communication of bank promotions and available methods of payment. Selling Users undertake to communicate and use on their website’s homepage the trademarks, logos, banners for bank promotions and accepted methods of payment contained in the Tool Kit.
3. Selling User's Website's Methods of Payment Section: Selling Users undertake to clearly and unequivocally inform their users in the method of payment selection section that the payment platform on their website is provided by Mercado Pago, for which purpose Sellers will use the method of payment selection banner included in the Tool Kit.
4. Mercado Pago Placement: If Selling Users have more than one payment method provider, they must put the Mercado Pago payment method selection banner in first or second place.
5. Mercado Pago Integration: Selling Users must integrate Mercado Pago into their website in compliance with Mercado Pago's effective integration policies, which require Sellers to:

• Provide the Buyer's e-mail address at the time the Seller's Website and Mercado Pago are connected. To that end, Sellers represent that they have the Buying User’s authorization.
• Implement the latest Mercado Pago checkout version.
• Include the Selling User’s logo and the product price in the Mercado Pago checkout.

6. Use of Selling Users' trademarks, logos, and other intellectual property rights: Selling Users authorize Mercado Pago to perpetually use, without charge or time- or space-based restrictions, their trade name, trademarks, logos, symbols, emblems, colors, and/or designs sent to Mercado Pago at comercial@mercadopago.com.ar (the “Seller's Trademarks”) in promotional actions, advertising, and/or communications related to the Services. 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, the Mercado Libre Platform and Site and e-mails sent to users of Mercado Pago and/or the Mercado Libre Platform. Users undertake to indemnify and hold Mercado Pago and/or its affiliates, as the case may be, harmless against any damage caused by the use of the Seller’s Trademarks stemming from any claim, action, fine, sanction, or redress instituted, established, or demanded in favor of a third party.

 

1. m) Payment Processing Service Fee

For using the Payment Processing Service Fee, Selling Users undertake to pay Mercado Pago Operator a Service fee (the “Processing Fee” or the “Fee”) plus Value Added Tax for each Transaction. The payment of the Fee and its respective tax will consist in a direct deduction by Mercado Pago Operator of those sums from the amounts payable by Mercado Pago Operator to Selling Users for the Transactions in their Mercado Pago Account.

The specific Fee is laid out in Payment Processing Service Fee. In view of the foregoing, Selling Users authorize Mercado Pago to deduct and withhold the Fee or any other owed sum from the Funds available in their Mercado Pago Account. Furthermore, Selling Users authorize Mercado Pago to deduct and withhold from the Funds available in their Mercado Pago Account any amount owed to companies with whom Mercado Pago has a commercial agreement in connection therewith (including, without limitation, Mercado Libre Chile Ltda.). Mercado Pago will inform Selling Users which companies these are. 

 

6. Mercado Pago Emisora Services 
7. a) About Mercado Pago Emisora 

Mercado Pago Emisora S.A., Taxpayer ID (RUT) No. 77214066-5, is a special corporation organized under Law No. 20950, engaged in the business of issuing prepaid cards, authorized to issue prepaid cards and registered in such capacity in the Single Register of Payment Card Issuers maintained by the Financial Market Commission (CMF) on November 5, 2021.

 

1. b) Prepaid Account

Mercado Pago Emisora has developed a payment method consisting of a prepaid account (CPF) linked to a virtual or physical prepaid card (Mercado Pago Prepaid Card).

As soon as a Mercado Pago Prepaid Card User has registered (if applicable), engaged Mercado Pago Emisora’s services and accepted these Terms and Conditions, and such services have become operational, the Mercado Pago Account of the Mercado Pago Card User will become a CPF and, therefore, any reference to the Mercado Pago Account of the Mercado Pago Card User will be deemed to refer to his or her CPF.

Any Funds available on the User’s Mercado Pago Account will be used by Mercado Pago Emser exclusively to make payments requested by the User through the Mercado Pago Prepaid Card linked to the Mercado Pago Account in accordance with these Terms and Conditions, to charge any applicable fees or reimburse any funds received from the User.

Funds credited to the Mercado Pago Account may not be subject to attachment, pre-trial or precautionary measures or other limitations on ownership arising from any obligations undertaken by Mercado Pago Emisora other than those specified in the preceding paragraph.

Mercado Pago Emisora will be liable at all times for any funds deposited and shown in the balance on a Mercado Pago Account.

Any Funds on a Mercado Pago Account will be in Chilean legal tender (Pesos) and will not accrue interest or otherwise be readjusted.

For the purposes of this title, the Mercado Pago Account will be subject to Chapter III.J.1 of the Compendium of Financial Regulations of the Central Bank of Chile, Subchapter III.J.1.3 of the Compendium of Financial Regulations of the Central Bank of Chile, Circular Letter No. 1 for non-bank issuers of payment cards of the CMF, and Law No. 20950. 

 

1. c) Crediting Funds

The User will only use the Funds actually credited to his or her Mercado Pago Account, which may not be overdrawn.

To the extent allowed by Mercado Pago Emisora, the User may deposit funds into the Mercado Pago Account through any of the following alternatives: (i) Credit Cards; (ii) by delivering funds charged to other Mercado Pago Prepaid Cards; (iii) through electronic funds transfers from bank accounts; (iv) by delivering or depositing cash; or (v) by settling any amounts associated with the relevant Transactions in the event that User of the Mercado Pago Account is also a Mercado Pago Operator Selling User. Any payment alternatives enabled by Mercado Pago will be notified to the User in due course.

Funds credited to the Mercado Pago Account may only be in Pesos.

 

1. d) Source of Funds

The User must provide Mercado Pago with all the background information and/or statements at Mercado Pago’s own discretion, in the manner and within the time periods required by Mercado Pago to verify the source of the Funds credited to the Mercado Pago Account by the User. The User must furnish authentic, complete, true and updated information, and the User’s statements will be submitted in the form of a Sworn Statement. Failure to comply with the preceding obligation will entitle Mercado Pago to suspend and/or cancel the Mercado Pago Account and terminate this agreement immediately.

 

1. e) Use of Funds

Funds credited to the User’s Mercado Pago Account may:

1. be used, through the Mercado Pago Prepaid Card, to purchase goods, pay for services or meet other payment obligations at any entities affiliated with the Mercado Pago Prepaid Card.
2. be electronically transferred to any other bank or non-bank account held by another User.

Transactions in foreign currency made with the Prepaid Card will be denominated in United States dollars.

To convert foreign currency in pesos on the CPF, the User will grant special powers to Mercado Pago Emisora to perform the currency conversion based on an exchange rate set by Mercado Pago Emisora at the time of the purchase. 

 

1. f) Mercado Pago Prepaid Card

The Mercado Pago Prepaid Card will be registered in the name of its holder, which may be an individual or a legal entity, and it will be non-transferable. With respect to the Mercado Pago Prepaid Card, the User may request:

• a virtual Prepaid Card to be used in e-commerce.
• a physical Prepaid Card to be used in commercial establishments that support this payment method, as well as any associated ATMs to withdraw the balance available on the Mercado Pago Account.

The Prepaid Card brand will be defined by Mercado Pago, and it may be replaced with another brand by giving prior notice to the User.

The Mercado Pago Prepaid Card linked to the Mercado Pago Account of each User may be used as a payment method, and it will allow the User to make Payment Processing Requests to pay for goods and/or services or meet other payment obligations at any establishments affiliated with the Mercado Pago Prepaid Card.  

The Mercado Pago Prepaid Card may be used only up to the balance available on the Mercado Pago Account and subject to the use limits for the different transactions as determined by Mercado Pago and/or the associated transaction channels.

Any amounts associated with Payment Processing Requests through the Mercado Pago Prepaid Card will be immediately debited, in full and in a single transaction, from the balance available on the User’s Mercado Pago Account, in an amount equal to the price or consideration for the respective transaction, plus any applicable taxes or fees under these Terms and Conditions and the laws in force at the time of the Transaction.

The actual balance or available funds to complete a Transaction with the Mercado Pago Prepaid Card will be the net amount of the credits and debits registered in the Mercado Pago Account. If the Funds available on the Mercado Pago Account are insufficient, the transaction will not be authorized.

To carry out a Transaction with the Mercado Pago Prepaid Card, the User must complete the relevant User authentication mechanism described in Section 3(b) above, in which case the Mercado Pago systems will inform the User of the authentication method required for the relevant Transaction under the specific procedures depending on the type of transaction or Payment Option used.

1. Physical Mercado Pago Prepaid Card Activation and Use

Once received, the Prepaid Card may be linked and activated through the Mercado Pago mobile Application and/or any other means made available by Mercado Pago to the Users or Cardholders, following the relevant instructions. If correspondence containing a Prepaid Card is damaged or obstructed, the User or Cardholder must refuse to receive it and give notice to Mercado Pago immediately through the available service channels.

Once activated, the Prepaid Card may be used within the validity period printed on its front, subject to the balance available on the Mercado Pago Account and the daily use limits for transactions as determined by Mercado Pago and/or the associated service networks.

The Prepaid Card is personal and non-transferable. The User will be solely liable for the custody and confidentiality of the Prepaid Card and its password. Therefore, the Cardholder will be liable for all transactions made with the Prepaid Card. If the User is a legal entity and has requested a Prepaid Card for an authorized person, the User will be liable for the custody, confidentiality and any transactions made with the Prepaid Card, and the User may not be released from liability in any case whatsoever by alleging the Cardholder’s liability.

For security reasons, an incorrect Prepaid Card password entered in an ATM may result in the Prepaid Card being retained by the ATM service network. In such event, the Cardholder must request a new Prepaid Card through the authorized channels.

The Prepaid Card will be used subject to the availability of the respective card brand’s network, outside Mercado Pago’s control. A transaction will be approved in accordance with the specific procedures depending on the type of transaction or payment channel used. For example, with respect to certain payment channels offered by certain establishments, the password or signature may be replaced by the Prepaid Card number, expiration date and security code. In any case, compliance with the necessary requirements to complete the transaction will mean the acceptance of the transaction and the resulting liability of the Cardholder.

 

1. g) Withdrawal of Funds

Users may request at any time from Mercado Pago Emisora a full or partial withdrawal of the Funds deposited into their Mercado Pago Account.

A withdrawal may be requested through any of the alternatives described below or any other options enabled in the future:

1. Withdrawal to a bank or non-bank account

The User may withdraw all or part of the balance available on his or her Mercado Pago Account by means of a transfer to the bank or non-bank account registered in the Mercado Pago systems.

Such transfer may take up to four (4) business days after the withdrawal request is made by the User. Bank transfers will be made only from Mercado Pago bank accounts. Any expenses arising from the transfer will be paid by the User.

2. Sending Funds to another Mercado Pago Account.

The withdrawal will be made in Pesos, without any readjustment or interest and after deducting the applicable fees, as well as any other amounts owed by the User to Mercado Pago Emisora and/or any of its related companies that have granted powers to Mercado Pago Emisora for the collection of money owed to them by the User.

 

1. h) Transaction Report

As described in Section 7(p), the User may log in to the Platform with his or her email address and password to access and review at any time the details of Payment Processing Requests, credits, debits, transfers, transactions and other actions carried out with the Mercado Pago Account and the Mercado Pago Prepaid Card.

 

1. i) Mercado Pago Prepaid Card and Mercado Pago Account Fees

The Mercado Pago Account and the Mercado Pago Prepaid Card will not require payment of any associated transaction and maintenance fees.

All taxes resulting from the opening of a Mercado Pago Account and the maintenance and use of the Mercado Pago Account and the Mercado Pago Prepaid Card will be paid by the User.

The User authorizes Mercado Pago Emisora to deduct any outstanding fees and taxes from the Funds available on the Mercado Pago Account.

 

1. j) Balance and Transaction Limit

The balance on a Mercado Pago Account will not be subject to any limit.

Transactions with the Mercado Pago Card and the Mercado Pago Account will be subject to the limits and fees shown below:

Type of transaction	Payment Method		Channel	Type of User	Minimum per Transaction	Maximun per Transaction	Daily Maximum	Daily Limit	Fee
Payment	Account Money		All	All	CLP 1	CLP 2.250.000	N/A	N/A	0%
Credit	Electronic Transfer*		All	All	CLP 1	CLP 7.000.000	N/A	N/A	0%
	Credit Card				CLP 2.000	CLP 100.000	N/A	CLP 100.000	0%
Money transfer	Account Money		Platform:	All	CLP 1	CLP 5.000.000	N/A	N/	0 A %
			Application	All	CLP 1	CLP 500.000	N/A	N/A
Withdrawal	Batch Withdrawal		Web/ programmed withdraws	All	CLP 1	CLP 300.000	N/A	N/A	0%
	Electronic Transfer***		App	Individual	CLP 1	CLP 7.000.000	CLP 600.000**	N/A
				Legal Entity		CLP 7.000.000	CLP 4.000.000**

* Daily and monthly fixed maximums are specified, but other limits may apply based on Mercado Pago Emisora's fraud prevention models.

** Withdrawals in excess of this limit will be scheduled for the following day.

*** In the case of Electronic Transfers, they may affect the limits of the financial institutions of the origin/destination accounts.

 

1. k) Reporting the loss, theft, robbery, falsification, forgery, fraud or misuse of the Mercado Pago Prepaid Card

The User must notify Mercado Pago Emisora immediately, through the Platform Help channel or any authorized service channels, of any inappropriate or unrecognized use, loss, forgery, falsification, theft, robbery or fraud, or any other similar event, with respect to the Mercado Pago Account, the Mercado Pago Prepaid Card and/or the User’s Password, in which case the Mercado Pago Account and the Mercado Pago Prepaid Card will be blocked.

Mercado Pago Emisora will register such notice as soon as it is received from the User and will provide the User with a receipt number or code and a certificate with the date and time of receipt of the notice. Users will not be liable for any transactions made with their Mercado Pago Prepaid Card after receipt of the notice, in accordance with Law No. 20009. 

 

1. l) Expiration of Deposits

Any Funds deposited into the Mercado Pago Account will be subject to the expiration system for deposits, credits and claims under Section 8 of Law No. 20950 and Section 156 of the General Banking Law. 

 

1. m) Payment and Collection Powers

The User hereby expressly authorizes Mercado Pago Emisora to debit Funds or reverse any erroneous or unduly credited transactions in its Mercado Pago Account.

The User also expressly authorizes Mercado Pago Emisora (especially, but not limited to the events in which the User is also a Selling User, in accordance with the Mercado Pago Operator special terms and conditions set forth in Section 5 above), to debit Funds from its Mercado Pago Account in any of the following events:

• Cancellation, chargeback, dispute or reversal of a collection transaction carried out by the Buying User.
• Suspicion or detection of an illegal or fraudulent transaction.
• Funds owed by the User to any companies related to Mercado Pago Emisora that may have been authorized, by instructing that such funds be paid to the related company.

Such powers and authorization may be revoked solely to the extent that there are no outstanding obligations of the User, and its revocation will only take effect as from the month following the payment date.

Such powers granted by the User are essential for the supply of the Services. Therefore, if they are revoked by the User, Mercado Pago will be prevented from continuing to provide the Services and may immediately terminate these Terms and Conditions.

If these Terms and Conditions are terminated for any reason, the powers granted under this agreement will also be deemed revoked.

 

Section 7: General Conditions

1. a) Capacity 

The Services may be engaged and used only by persons with legal capacity to enter into contracts and duly registered as Users in Mercado Pago. Minors, persons without capacity to enter into contracts or Users that have been suspended or banned from the Mercado Pago system, either on a temporary or permanent basis, will not be allowed to register or use the Services.

 

1. b) User Service Channels

Mercado Pago offers different service channels for Users to submit questions, claims or queries related to the Services by accessing the Help channel on the Platform.

 

1. c) Limits 

Mercado Pago will set a maximum amount for Payment Processing Requests, which may vary depending on the Payment Method, the chosen payment option, the type of transaction or request and/or at Mercado Pago’s own discretion, and it may be changed at any time by merely posting a notice on the Platform. Learn about the minimum and maximum amounts.

With respect to the transaction limits for Mercado Pago Prepaid Card Users, the provisions contained in Section 6(j) above will apply. 

 

1. d) User’s Representations. Forbidden Uses

The User represents that the purpose of engaging any of the Mercado Pago Services does not violate any applicable laws and is not related to a service, sale or transfer prohibited by law or these Terms and Conditions, including but not limited to: (1) gambling, betting, etc.; (2) trafficking of arms, human beings, animals, etc. (3) money laundering and/or financing of terrorism, including the facilitation of transactions in violation of International Sanctions Lists, particularly those issued by the OFAC and the United Nations, among others, required by local and international regulations; (4) pornography, prostitution or pedophilia; and/or (5) any type of activity that may be considered or suspected of being fraudulent or illegal or that is prohibited by Mercado Pago, purchasers or international card brands.

With respect to sentence (3) above, it is expressly stated that Mercado Pago is legally required to refrain from operating with persons or entities sanctioned by national and international agencies or regulators. Accordingly, any individuals or legal entities included in such Lists may not register as users, and Mercado Pago’s application/services may not be used with any counterparty included in sanctions lists or in jurisdictions or territories subject to sanctions, including but not limited to the Crimea Region, Cuba, Iran, Syria and North Korea; and the products offered by Mercado Pago may not be facilitated to violate, either as a direct or indirect consequence, any of the sanctions imposed by the OFAC or the United Nations, among others, or any other local or foreign agency enforcing regulations that may apply to Mercado Pago in the future.

The User may not use the Services to circulate materials that amount to a crime or that may give rise, directly or indirectly, to civil liability or that violate these Terms and Conditions.

It is also strictly forbidden to use Mercado Pago to complete any transaction that may be regarded or viewed as a cash advance or loan, or otherwise deposit Funds without a specific purpose or any connection with a commercial transaction or the Services.

The User may not complete any transaction that may be regarded or viewed as a cash advance or loan. A cash advance means any transaction in which Funds are credited by the User to his or her Mercado Pago Account by means of collection transactions with Cards held by the User and/or any individuals or legal entities related to the User to withdraw such funds, and in general any collection transaction with a Card other than a sale or actual supply of services.

If Mercado Pago considers that there are suspicions or indications that Mercado Pago is being used for any activity prohibited by law or these Terms and Conditions, it may reject, cancel or suspend the Services as well as any Payment Processing Request or any Transaction and/or otherwise temporarily block access and use of a Mercado Pago Account and/or the Mercado Pago Prepaid Card and/or the use or availability of functionalities and/or permanently cancel a Mercado Pago Account. In such event, the User will be liable for any damage caused to Mercado Pago, its controlling or controlled companies, affiliates or subsidiaries, officers, employees, directors, agents and/or personnel, and therefore Mercado Pago reserves the right to take action, either in court or out of court, at its own discretion.

The User will be exclusively liable for any damage caused by his or her conduct to Mercado Pago or the other Users of the Services. 

 

1. e) Scoring System

The Mercado Pago system will assign each User a positive score upon lapse of thirty (30) calendar days after payment, provided that no claim has been filed regarding the transaction, in which case the transaction will be deemed to have been successfully completed.

However, the User may request Mercado Pago, through the Claims and Disputes procedure, to delete the positive score assigned by the system to its counterparty, and such request will be granted or rejected at Mercado Pago’s own discretion. If Mercado Pago decides to cancel the positive score, the User will lose the score earned, and an additional score will also be deducted from its reputation.

If more than one transaction is carried out through Mercado Pago between the same Users, they may rate each other’s reputation with a maximum of one positive score and one negative score.

 

1. f) Use of the Service in the User’s Name

The Services may be used by the User only in his or her own name, not in the name and/or on behalf of third parties. The User may not resell any of the Services to third parties. 

 

1. g) Personal Data Security and Confidentiality 

Mercado Pago will not sell, rent or negotiate with other companies the User’s Personal Data, except in the manner and in the events described in Mercado Libre’s Privacy Policy and this agreement. Such data will generally be used to provide the Services. However, the User authorizes Mercado Pago to share his or her Personal Data and personal information and/or information subject to banking secrecy, in accordance with the applicable laws, with third parties that have entered into financing agreements with Mercado Pago that involve the assignment of claims to third parties and contain such information, and the User also acknowledges the legitimate interest of such third parties to be aware of such information. Additionally, Mercado Pago may share such information with value-added service providers integrated on the Site or through links to other Internet sites or with other card operators to which Mercado Pago is interconnected, to address the Users’ needs in relation to the Services. All personal information must be sent through a secure Internet page that protects and encrypts information. Personal Data will be stored on servers or magnetic devices with high security standards. Mercado Pago will store at all times credit card details of Users in an encrypted form and in accordance with PCI_DSS standards. Mercado Pago will not store any security code of the User’s credit cards.

The User also authorizes Mercado Pago to share his or her Personal Data with card brands. 

Users acknowledge and accept that Mercado Pago may access contact lists on the mobile devices used. Mercado Pago will use such information, among other things, to locate and indicate cell phone numbers and/or email addresses of other Users and/or potential Users. Users acknowledge that they are authorized to share such information with Mercado Pago. The User undertakes to indemnify Mercado Pago and its related companies, as appropriate, for any damage caused as a result of the processing of unauthorized Personal Data shared or made available by the User.

With respect to potential Users, Mercado Pago will not store names, postal addresses, bank details, ID card and/or identity document numbers, or any other information associated with an identified or identifiable person other than cell phone numbers and email addresses.

Mercado Pago will use its best efforts to comply with the confidentiality and security obligations set forth in this section, but it will not be liable for any damage that may arise from breach by third parties using public networks or the Internet to access such information or from the User’s fault or negligence.

 

1. h) Services and/or Platform Disclaimer

Mercado Pago does not guarantee continuous or uninterrupted access to and use of its Site, the Mercado Pago Account, the Selling Tools, or any other Services. 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. Mercado Pago shall be exempt from any liability and released from discharging its obligations if the Services cannot be provided due to acts of God or events of force majeure, such as earthquakes, power and/or telephone service and/or data transmission line outages, network interference by third parties, public and/or private network outages, terrorist acts, strikes or other similar occurrences.

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 as a result of such difficulties.

 

1. i) Limited License

All intellectual and industrial rights over the Site, the Selling Tools, Codes, development, software, hardware, domain names, logos, emblems, trademarks, logotypes, designs, drawings, structure, contents, interface, information, etc. are the property of Mercado Pago and/or its controlling or controlled companies, affiliates or subsidiaries. Under no circumstances shall Users be deemed to have any kind of right over them other than the rights over the Selling Tools that Mercado Pago places at Selling Users’ disposal during the effective term of these Terms and Conditions.

With respect to the use of the Selling Tools, Mercado Pago Operator only authorizes Selling Users to make use of the intellectual property over such Tools, which were made available to them to carry out activities under this agreement, at their premises or on their website, directly in relation to the Services. Any other use of Mercado Pago’s intellectual or industrial property is strictly prohibited. As long as the above limitations are observed, Mercado Pago grants a free, non-exclusive and revocable license to Selling Users. 

 

1. j) User Authorization, Early Termination and Suspension of Services

These Terms and Conditions shall be deemed to have been validly executed and shall be effective as from the Users' authorization following the Registration process for an indefinite duration. However, Users may terminate this agreement at any time during its effective term without cause, which will lead to the closing of the Users’ Mercado Pago Account but will not suspend the fulfillment of all Payment Processing Requests or Transactions which have already been authorized or initiated by Users at the time such termination is notified. To exercise this termination right, Users seeking termination must have discharged all the obligations undertaken with Mercado Pago or any third party involved in the transactions.

Mercado Pago may, at any time during the term of this Agreement, terminate it without cause, by giving notice to the User at least 10 days prior to the effective date of termination. Likewise, if Users breach the conditions hereof, the applicable laws or regulations, or the international Card brands’ rules, Mercado Pago may terminate provision of the Services without prior notice, reserving the right to claim damages for any loss resulting from such breach. In particular, any of the following will be sufficient grounds for Mercado Pago to immediately terminate these Terms and Conditions by proceeding to collect and/or withhold payment of the balances owed by Users, or suspending performance: (1) the provision of insufficient, inaccurate, false, unreliable, incomplete, inconsistent and/or outdated information by Users during the Registration process; (2) a failure to comply with the provisions of Section 5 (d), (e) and/or (f) above; (3) non-payment of fees or commissions or any debt which Users may owe to Mercado Pago or if, for any reason, Mercado Pago is unable to get payment thereof on the agreed terms; (4) upon suspicion that the security or stability of Mercado Pago's systems may have been compromised, or if fraudulent transactions or illegal or prohibited use of the Services are detected at Users; (5) revocation of any authority or authorization granted by Users to Mercado Pago by virtue of these Terms and Conditions; (6) the Users' insolvency, declaration of incapacity, filing of agreements with creditors, or status as a debtor in a bankruptcy liquidation proceeding; and (7) the order by the international Card brands to temporarily suspend or definitively terminate the processing of the User's transactions. Likewise, Mercado Pago may terminate these Terms and Conditions in the event of death of an individual User.

When the ground for suspension may be, and has been, remedied, provision of the Services shall be resumed within ten (10) business days at the latest.

Mercado Pago’s failure to exercise the aforementioned rights does not imply or entail a waiver of the right to exercise such rights in the future. 

 

1. k) Amendments to the Terms and Conditions

Mercado Pago may from time to time modify these Terms and Conditions. Mercado Pago shall notify Users of such changes by publishing an updated version of the terms and conditions on the Site, indicating the date of the last update. All amended terms will become effective 10 (ten) consecutive days after their publication. Within five (5) consecutive days following the publication of the amended terms, Users shall inform via e-mail if they do not accept those amendments, in which case this agreement shall be terminated. Once such term has expired, Users shall be deemed to have accepted the new terms and the agreement will continue to be binding on both Parties. Upon Users’ use of the Services after notification by Mercado Pago, the Users' consent shall be deemed to have been perfected. The new version of the amended Terms and Conditions shall apply to any Payment Processing Request, transaction or operation entered into or performed after the Users have been notified.

 

1. l) Billing

Mercado Pago will issue invoices electronically for the collection of fees under these Terms and Conditions, which Users agrees to.

 

1. m) Documentation

Users will be able to make copies of all documentation provided in connection with this agreement. Users irrevocably authorize Mercado Pago and/or any other person designated by Mercado Pago to record Users' 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 shall be deemed sufficient evidence of compliance with the instructions and the Payment Processing Request, the Transactions, as well as any other transaction performed by Users, will replace the need for any other receipt and will be fully enforceable against Users. To that end, Users and Mercado Pago agree to give evidentiary value to the receipts issued as a result of the approvals or instructions given by Users within the scope of the applicable laws.

 

1. n) Notices

All notices by Mercado Pago to Users shall be valid at their registered main e-mail address.

 

1. o) Representations

Users and/or Users’ representative(s) represent that they have sufficient authority to enter into these Terms and Conditions and to be validly bound by them. They further represent that: (i) Mercado Pago has given them access to full and complete information of the operation and procedures of the Services set forth in these Terms and Conditions and that they are fully aware of the obligations and responsibilities undertaken upon acceptance hereof; and (ii) all the information provided or to be provided to Mercado Pago when accepting these Terms and Conditions is and will be true; they acknowledge that such information has been and will remain decisive for the acceptance of Users' applications for registration and contracting of the Services and, therefore, any inaccurate or false information authorizes Mercado Pago to immediately terminate these Terms and Conditions and cancel the Mercado Pago Account, demand a refund of any amounts owing, if necessary, and file the relevant legal actions in order to obtain compensation for any damage caused by such non-compliance.

 

1. p) Reporting – Quarterly Account Statement

Reporting on the exercise of the authority granted to Mercado Pago by Users hereunder shall be done by Mercado Pago by sending Users the Receipts, statements or other documents thus issued by Mercado Pago, notified as provided for in Section 7(n) hereof.

Mercado Pago shall make available to Users, through the Platform, a breakdown of Payment Processing Requests, featuring the payments, debits, transfers, transactions, and other operations carried out via the Mercado Pago Account, as well as the quarterly account statement. The account statement will be available online within the first ten days of each quarter. Users shall be notified when the quarterly account statement is available pursuant to Section 7(n). Users acknowledge and agree that they will not receive an account statement by mail, and that the online availability of the account statement constitutes Mercado Pago's compliance with the obligation to deliver the Users' transactional information. Users may print out the account statement or store the file on the Users’ computer’s hard disk or other media in order to keep a copy thereof.

 

1. q) Legal Representative

MercadoPago S.A. and Mercado Pago Emisora S.A. have appointed Mr. Matias Spagui Mitrano, RUT 15,367,719-0, domiciled for these purposes at Av. Apoquindo 4800, Torre 2, 21st floor, Las Condes, Santiago – Chile, as their representative for all purposes in connection with these Terms and Conditions and use of the Site.

 

1. r) Addresses

The address of Mercado Pago is set at Av. Apoquindo 4800, Torre 2, piso 21, Las Condes, Santiago - Chile. The address set by Users for the purpose of this agreement is the address registered with Mercado Pago via the registration form indicated in Section 3(a) above. Users shall keep their registered address updated. Upon Users’ failure to update their registered address with Mercado Pago, the Users’ address for all purposes in connection with these Terms and Conditions shall be the Users’ address registered with Mercado Pago.

 

1. s) Annexes

The following documents are an integral and non-severable part of the Terms and Conditions of this agreement, and they may be reviewed on the Site at the link below, or by directly accessing the relevant Mercado Pago web pages, and downloaded, stored, and printed by Users:

 

Service Fees

Mercado Libre Terms and Conditions

Privacy Statement

Buyer Protection

Mercado Pago Gateway

Seller Protection Program (SPP)

Products Sold by Mercado Libre

QR Payment Terms and Conditions

Mercado Pago Point Terms and Conditions of Payment 

 

Once these Terms and Conditions have been executed upon being electronically signed by Users and the Users' application for registration or contracting of the Services has been accepted by Mercado Pago, Mercado Pago shall send Users written confirmation of such execution to the main e-mail address registered by them, attaching, through the above access links, a copy of these Terms and Conditions and any annexes thereto, which may be downloaded, stored and printed by Users.

 

1. t) Resolution of Disputes between Users

Users agree to submit any controversy to the decision of Mercado Pago pursuant to the provisions of the Buyer Protection Program and the Seller Protection Program (SPP), as the case may be, where applicable. Furthermore, should the Buyer Protection Program and 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 Buyer Protection Program, 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 consecutive days following the receipt of a product by a Buying User, and pursuant to Section 6.2 of the Mercado Libre Terms and Conditions, the Selling User will accept the change or return of the product, and will bear any related expenses. If for the purposes of the transaction the MercadoEnvíos 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.

 

1. u) Jurisdiction and Applicable Law

This agreement will be governed by the laws in force in Chile. Any dispute between Mercado Pago and Users arising from this agreement, its existence, validity, interpretation, scope, or performance will be submitted to the ordinary courts of the district of Santiago de Chile; for all applicable legal purposes, Users and Mercado Pago agree to submit to the jurisdiction of such courts.

 

"Learn about the entities authorized to issue Payment Cards in Chile, which are listed in the CMF’s Register of Payment Card Issuers, at www.cmfchile.cl.”