Terms and Conditions of Use
Valid from November 23, 2021
These conditions of use, including their annexes (“General Conditions”), constitute an agreement between any person (individually, “User”, and collectively, “Users”) wishing to access and/or use the Mercado Pago service of Mercado Pago Colombia Ltda, N.I.T.: 900116319-8 (“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, obligations and liability in using the payment processing service, the Platform (as defined in these General Conditions) and any related product or service offered by Mercado Pago (any of them indistinctively referred to as the “Service” and, collectively, the “Services”, as applicable).
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. In all cases, the use of the Service will imply the acceptance of these General Conditions by the User.
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 accurate, precise and true personal information (the "Personal Data") in all fields. Throughout the Mercado Pago account registration process, the User must indicate a bank account held in an entity monitored by the Colombian Financial Superintendency, in which payments for the sale of products or the provision of services will be received. The User undertakes to update its Personal Data or the data concerning one or more bank accounts to be linked to its Mercado Pago account, as necessary or required. Mercado Pago will not be liable for the accuracy of the Personal Data provided by its Users. In all cases, Users guarantee and will be held liable for the truthfulness, accuracy, integrity, validity and authenticity of the Personal Data provided. All the information and Personal Data furnished by the User will be deemed a sworn statement.
Mercado Pago reserves its right to request evidence and/or additional information in order to verify the Personal Data provided by a User, as well as to temporarily or definitively suspend Users whose information cannot be verified.
Mercado Pago reserves its right to reject a registration request or to temporarily or definitively cancel or suspend an Account (as defined below) if it finds inconsistencies or discrepancies in the information provided by a User or discovers suspicious activities, without such decision entitling the User to any claim for compensation or redress.
b) Mercado Pago Account. Upon registering in Mercado Pago, the User will open an account with Mercado Pago (the "Mercado Pago Account" or the "Account"). The Mercado Pago Account will enable the User to use the Service, including by making payment for the purchase of goods or services, receiving payments from the sale of goods or services, sending, receiving and requesting money from third parties, and using the Selling Tools, by debiting or crediting money in the Account, as well as to use any other future functionality offered to the User, subject to the terms and conditions established in connection with each such functionality.
The User will access its Mercado Pago Account by entering its e-mail address and personal security code (the "Passcode"). Additionally, in some cases, a password will be required to request the withdrawal or transfer of funds to another Account (the "Payment Code"). The User undertakes to keep its Passcode confidential. Therefore, the User will be solely and exclusively liable for all transactions conducted in its Account. The User undertakes to immediately notify Mercado Pago through proper and reliable means of any non-authorized use of its Account, as well as of any actual or attempted entry into the Account by non-authorized third parties.
Mercado Pago will allow for the opening of two (2) different types of Accounts: (i) Personal Accounts, available by default for any person registering on Mercado Pago, provided all applicable requirements are met; and (ii) Professional Accounts, which may only be obtained upon certain validations Mercado Pago may deem convenient. See requierements.
It is hereby stated that, irrespective of its type, the Account will at all times be a personal, single and non-transferrable account, and it will be assigned to a single User; furthermore, the sale, assignment or transfer of an Account (including its reputation) is strictly prohibited. The User may not permit or authorize the use of its Account by third parties, except in the case of linked accounts (see the Terms and Conditions for Linked Accounts). The Account will be identified with letters and any reference to amounts in Mercado Pago will be deemed made in the legal tender of Colombia, unless a different currency is expressly stated.
The User understands and accepts that Mercado Pago may cancel its Professional Account if the User fails to meet any of the imposed requirements.
The User expressly, irrevocably and permanently authorizes Mercado Pago Colombia or any of its legal representatives, for business information and risk assessment statistics purposes in the performance of financial activities, to file requests or inquiries with any entity in charge of or administering data bases for that same purpose in connection with any information regarding the creation, change or termination of obligations directly or indirectly undertaken or applicable until full termination of the User’s obligations through any legal means.
2- Payment Processing. Delegated Payment and Collection Powers.
a) Payment Processing Agreement. The User and Mercado Pago (together, the "Parties") may from time to time enter into payment processing agreements (each, individually, a "Payment Processing Request") whereby Mercado Pago will provide payment processing services based on the User's instructions (the “Payment Processing Services”) for the payment or collection of money on behalf of the User using (i) the platform provided by Mercado Pago at www.mercadopago.com or www.mercadopago.com.ar (the "Platform" or the "Site") and (ii) the Mercado Pago Point service, if the Payment Processing Request is made in person. The Parties agree that completed Payment Processing Requests will be governed by these General Conditions (together with the conditions specific to each Payment Processing Request, the "Payment Processing Service Terms and Conditions").
b) Irrevocable Special Power of Attorney. On completing a Payment Processing Request, the User grants Mercado Pago an irrevocable power of attorney so that Mercado Pago may: (i) pay, on the User’s behalf, a certain amount of money regarding which the Payment Management Request is completed (the "Funds"), (ii) collect Funds on the User’s behalf, subject to the Payment Processing Service Terms and Conditions; and (iii) if upon expiration of a term of 180 calendar days from the date on which the Funds are credited into the Account (the “Term”) the User fails to withdraw them, the User irrevocably instructs Mercado Pago to: (a) Deposit the Funds in the bank account previously specified or used by the User for Funds withdrawal, or if Mercado Pago is not provided with such bank account information prior to the expiration of the Term, (b) donate, on behalf of the User, the Funds which have been held in the Account for a period beyond the Term to any of the nonprofit organizations indicated by Mercado Pago at the time of the donation.
The special 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 special power of attorney involves an authorization by the User to collect and credit the Funds in its Mercado Pago Account according to its instructions. Lastly, the special power of attorney includes an authorization by the User for Mercado Pago to mandatorily deposit in the User’s bank account or donate to any third party indicated by Mercado Pago, as appropriate and as stated above, the Funds which have been held in the User’s Account for a period beyond the Term.
Mercado Pago will not use the User's Funds for any purposes other than those specifically instructed by the User.
c) Making a Payment Processing Request.The Payment Management Request is executed by the buyer by sending a Payment Management Request online form detailing instructions regarding the Funds, while the Payment Management Request is executed by the seller by accepting to receive payments through Mercado Pago’s electronic platform. Mercado Pago reserves its right to refrain from processing Payment Processing Requests which are incomplete, or if there are inconsistencies between the data provided by the Users and those specifically entered in Mercado Pago, or in case Mercado Pago deems it convenient, without having to justify such decision. The User will be exclusively liable for payment instructions and their consequences. Mercado Pago will not verify the cause or the obligation giving rise to the payment instruction, nor any other circumstances regarding the payment instruction. The payment instructions given in a Payment Processing Request may only be followed through the Platform, and no payment instruction will be processed or deemed valid if made through any means other than the Platform.
d) Validity of the Request. The Payment Processing Request will not be deemed to have been validly made and Mercado Pago will not take on any obligation or responsibility whatsoever under the Request until Mercado Pago: (i) has accepted the User's Payment Processing Request (it is expressly stated that Mercado Pago may refrain from accepting the Payment Processing Request without stating any reason and without incurring any liability), and (ii) has received the whole amount of freely-disposable Funds. Mercado Pago will be deemed to have accepted any instructions upon its compliance with them.
e) Liability for the Request. Mercado Pago will not be liable for any wrong or incomplete orders, instructions, Payment Processing Requests and/or payments resulting from the User’s provision of an incorrect e-mail address or inaccurate information on the recipient or on the payment transaction.
The User assumes, acknowledges and accepts full responsibility for any resulting losses, particularly if, under its User name, fraudulent, duplicate, unauthorized or simply wrong instructions are given, as well as for any losses to Mercado Pago.
The User declares to be aware of and accept the risk that unauthorized third parties might access its Account information. Therefore, it releases Mercado Pago from any and all responsibility in that regard, in the understanding that Mercado Pago has made its best technical efforts in order for the information contained in its system to remain as strictly confidential as possible.
f) Mercado Pago's Liability for Payment Instructions. Mercado Pago will not be liable for or guarantee the performance of the obligations assumed by Users with third parties regarding the payments to be made or received through the Platform. The User acknowledges and accepts that all transactions conducted with other Users or third parties are made out of its free will, with its full consent and at its sole risk and liability. Mercado Pago will under no circumstances be deemed liable for any direct damage, lost profits or for any other damage and/or loss the User may have sustained as a result of transactions made or not made through Mercado Pago's Platform. Since Mercado Pago is not a party to the obligation giving rise to the Payment Processing Request, it will not be held liable for, nor will it verify, the causes, amount or any other circumstances regarding the Request, or the existence, quality, quantity, working condition, status, integrity or legitimacy of the goods or services offered, acquired or sold by Users and paid for using Mercado Pago, nor the Users' contracting capacity and the truthfulness of the personal data provided by them. Should one or more Users or a third party bring any kind of claim or legal action against another 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, provided that the payment method companies involved will 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. Users will have a 90-day term from the date of purchase to file a complaint against one or more Users. Upon lapse of such term, Users will not be able to file a complaint on the Mercado Pago site.
g) Mercado Pago’s Liability for Money Donations made on behalf of the User. Pursuant to the special power of attorney granted by the User, Mercado Pago has the duty to donate, on behalf of the User, the Funds which have been held in the Account for a period beyond the Term to any Authorized Foundation indicated by Mercado Pago at the time of the donation if Mercado Pago has not been provided with bank account information before such Term.
Therefore, Mercado Pago will not be liable to the User or any third parties on account of Funds donated under the special power of attorney granted by the User to Mercado Pago. Mercado Pago will only be under a duty to transfer Funds to the Authorized Foundation, and the User will be obliged to comply with any other obligation to the donee or third parties.
Where the Account Funds exceed an amount equal to fifty (50) applicable monthly minimum wages, Mercado Pago may distribute the donation among two or more Authorized Foundations, so that no donation exceeds the amount of fifty (50) applicable monthly minimum salaries.
3- Delivery, Application and Withdrawal of Funds
a) Delivery of Funds by the User. Once Mercado Pago has accepted a User’s Payment Processing Request, the User will have to send to Mercado Pago the amount of money necessary to meet the payment instruction. The User will deliver the Funds to Mercado Pago through the use of: (i) any of the means available to that effect and authorized by Mercado Pago; or (ii) the Funds available in its Mercado Pago Account, provided they are sufficient to meet all the instructions given in the Payment Processing Request; otherwise, the Request will not be processed.
Funds will be credited in the User's Mercado Pago Account within four (4) business days from the date on which Mercado Pago receives the authorization of the method of payment used in the transaction. Find out about the Payment Methods with Which You Can Operate.
Fund withdrawal limit: Where the User designates as withdrawal account a bank account in the name of an individual not registered with the Argentine Tax Authority (AFIP), the User may withdraw up to ARS 50,000 per calendar month.
Mercado Pago will use all reasonable efforts to guarantee that the above term is met. However, the User understands that, due to certain factors, most of them beyond Mercado Pago’s control, there may be delays and, consequently, the User releases Mercado Pago from all liability for any resulting damage or inconvenience.
Mercado Pago will deposit in the User's Account the amount actually credited through the method of payment used, independently of the amount declared by the User where the method of payment used allows for the declaration of an amount of money different from that actually deposited.
In its Mercado Pago Account, the User may only receive payments or money through the tools enabled in the Platform. If Mercado Pago considers that a User may be irregularly using the mechanisms to add Funds, including but not limited to the publication or printing of the deposit slip to be used by Users not holding the Mercado Pago Account, Mercado Pago may apply the provisions set forth in Section 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) Fund Availability. Funds credited into a User’s Account will be available no later than on the twenty-first (21st) day following the date on which the payment was credited. Mercado Pago may make the money available earlier where it deems appropriate.
For safety reasons, any Funds credited to the User's Account and/or in the process of being credited (regardless of the method of payment used in the transaction) may remain unavailable for an indefinite period of time when, at Mercado Pago's sole discretion, there is strong suspicion of illegality, fraud, excessive transactions or fraudulent transactions, and/or excessive requests for returns and/or chargebacks, or any other act contrary to these General Conditions, and/or a suspected violation of statutory provisions for which Mercado Pago may be held liable.
Any information on funds available and credited in a Mercado Pago Account will always need to be verified by the User through Mercado Pago's Platform, entering www.mercadopago.com or www.mercadopago.com.ar with the User's e-mail address and Passcode. Mercado Pago and its related companies will not be liable for User conduct arising from or related to information contained in false e-mails or e-mails which appear to have been sent by Mercado Pago but which were actually sent by third parties unrelated to Mercado Pago or its related companies. In addition, Mercado Pago and its related companies will not be held accountable for any damage arising from any such conduct, or for the circulation of such false e-mails.
c) Instructions regarding Funds. Mercado Pago will follow the instructions given by the User to: (i) make payment with or send the Funds held in its Account or deposited to that effect; or (ii) credit and/or receive the Funds in its Account. Upon registering on Mercado Pago and keeping an active Account, the User agrees to, accepts and authorizes the receipt of Funds sent by other Users to its Account and the debiting of any applicable charge.
d) Withdrawals. Once the Funds credited in the User's Account are available, the User may choose to: (i) withdraw all or part of the balance available in its Account; or (ii) give Mercado Pago new instructions to use the Funds for other payments. The User acknowledges and accepts that all Funds withdrawals will be subject to prior payment of any debt owed by the User to Mercado Pago for whatever cause. The withdrawal of Funds will be made via bank transfer to the bank account indicated by the User, as per the User’s instructions. Notwithstanding that, Mercado Pago may prevent a withdrawal from a bank account that is not the property of the User asking for such withdrawal.Such transfer may take up to 2 business days after the withdrawal request is made. Due to delays by the bank, the e-mail from Mercado Pago confirming that the funds have been credited in the designated bank account might be received on the third (3th) business day following the date on which the withdrawal request was made. Any expenses resulting from the transfer will be borne by the User.
For safety reasons, Mercado Pago may block the withdrawal of Funds requested by a User against whom a high percentage of Claims or Disputes has been recently filed, and/or where it has been found, and/or there are strong hints or suspicion, that the requesting User used Mercado Pago's services to commit fraud, unlawful acts, and/or acts contrary to these General Conditions, and/or where there is a suspected violation of statutory provisions for which Mercado Pago may be held liable.
e) Limits. Mercado Pago will determine a maximum amount for Payment Processing Requests, which amount may vary based on the chosen payment method, the type of Request and/or Mercado Pago's discretion; furthermore, such amount may be modified at any time by simply publishing it in the Platform.
f) Any User who receives Funds in its Account as payment for goods by another user (the “Recipient User”) will only send the goods to the person who has purchased them and paid to the buyer (the “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 are 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 does not receive the goods after it has deposited the Funds into the Recipient User’s Account, the Sender User may file a claim through the Buyer Protection Program within twenty-one (21) days after the date on which the payment was credited.
Mercado Pago and its related companies will not be liable for User conduct arising from or related to information in false e-mails or which appear to have been sent by Mercado Pago that are actually sent by third parties unrelated to. Both the Sender User and the Recipient User must access Mercado Pago's Platform with their e-mail addresses and personal password to verify that Funds have actually been transferred from and/or credited in their respective Mercado Pago Accounts. Information received via e-mail is not enough to have Funds verified.
Where Mercado Pago considers that the Recipient User has failed to deliver to the Sender User goods that have already been paid for by the latter through the platform, Mercado Pago may automatically file a claim under the Claims and Disputes Resolution mechanism set forth in these General Conditions, and the Funds will be withheld by Mercado Pago until the claim has been settled.
Mercado Pago or its related companies. In addition, Mercado Pago and its related companies will not be held accountable for any damage arising from such conduct or the circulation of such false e-mails.
g) Reversals, chargebacks, repudiation of charges by any means of payment. Notwithstanding the provisions contained in this Section, if a User has withdrawn Funds and the person sending those Funds, or the owner of the method of payment used, cancels, annuls, makes a chargeback on, repudiates, or reverses the sums involved in the transaction after sending the money, whatever the method of payment used to pay the funds, those sums will be deducted and debited from the Recipient User's Account. Therefore, the 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 challenging the return of Funds, any evidence provided by the Recipient User in this respect to Mercado Pago to support its challenge will be important, but this will not entail that the Funds will be credited back or that Mercado Pago undertakes to object the funds' return, even where the User has effectively furnished evidence. In the event of an annulment, chargeback, repudiation, or reversal, the Recipient User may be liable to Mercado Pago for the relevant sum plus any other applicable cost or expense. Mercado Pago may commence any court or out-of-court proceedings it may deem appropriate in order to be paid the amount at issue. The Recipient User undertakes to keep the supporting documents of the sale of goods or products made through Mercado Pago, including any documentation proving the shipping or delivery of the relevant goods or products, for no less than one year from the date of receipt of the Funds.
The User declares to know and accept that the company providing the method of payment used may withhold a payment or settlement in the event of the User’s non-compliance with these General Conditions.
For these matters, please see the Seller Protection Program (SSP).
h) Liability for the Funds. Mercado Pago will keep the Mercado Pago Accounts' Funds in a bank account held in its name ("Collection Account") at the main banks of the Argentine financial system, including but not limited to, Banco Santander Rio S.A., Citibank Argentina, Banco Hipotecario, ICBC, Banco Nación, Banco Patagonia, Banco Provincia, etc. (the "Bank/s"), and will use different money transfer agents. Mercado Pago will not be liable upon the insolvency of the Bank, the financial entity or agent used for the transfer of Funds or for any legal or regulatory change that may affect the account in which the Funds are deposited by Mercado Pago. In such case, the User will deliver to Mercado Pago all additional amounts necessary for Mercado Pago to exercise its delegated powers.
Users do hereby release Mercado Pago from all liability for events which may affect the banking or financial entities and/or agents where the Accounts' Funds are deposited, as well as from liability related to political and economic situations that could unfold in the country and which are alien to Mercado Pago. In such cases, Users will not be able to attribute any liability to Mercado Pago, its subsidiaries or affiliates, controlling and/or controlled companies, or to demand the reimbursement of money or the payment of lost profits, as a result of any damage caused by that kind of situations, nor will Users be able to hold them liable for payment orders rejected or unprocessed by the system, or for suspended or cancelled accounts.
Users acknowledge that Mercado Pago will deposit the funds provided under the Payment Processing Requests in the bank account(s) previously mentioned. Therefore, upon the occurrence of any of the events described in the previous paragraph, Mercado Pago will not be bound to follow the User's instructions if there are different fund rescheduling, exchange, disposition, conversion or return options. In those cases, Mercado Pago may choose the option which, at its sole discretion, is the most convenient, including the option it deems more appropriate to quickly, easily and orderly settle the funds deposited in the Bank even if that implies a reduction, a deduction, or a time extension in connection with the amounts deposited.
4- Shopping Cart and Payment Button
This section applies specifically to the use of the shopping cart ("Shopping Cart") and the payment button ("Payment Button") offered by Mercado Pago (the Shopping Cart and the Payment Button will be collectively referred to as the "Selling Tools.")
a) Requirements. Only Users previously registered and authorized by Mercado Pago may use any of the Selling Tools; to that effect, Mercado Pago reserves its right to request additional information or verify Personal Data. Users using the Selling Tools for selling purposes will hereinafter be called "Sellers" and Users using the Selling Tools for purchasing purposes will hereinafter be called "Buyers."
b) Prohibitions. The use of any of the Selling Tools in any Website (i) which has content on, or allows, permits or performs any activity contrary to legal and administrative provisions, morals and good customs and/or hosts activities or goods whose trading is prohibited by the Mercado Pago terms and conditions; or (ii) which promotes or offers sex contents with the participation of minors under 18 years of age, or related to pedophilia, pornography, nudism of minors, whether actual or simulated; or (iii) involving minors under 18 years of age in any way, or movies or photographs of minors under 18 years of age taken illegally or without the consent of the persons involved; or (iv) promoting any kind of violence or discrimination, prostitution, money laundering, the trafficking of arms, people or animals, or other illegal activities; and/or (v) offering contents, goods or services breaching any laws in force, especially those governing the protection of intellectual property rights, software piracy, etc., is strictly prohibited. Mercado Pago may terminate this Agreement and/or temporarily or definitively suspend or cancel an Account, without prior notice, if it finds that the User and/or the Website where a Selling Tool is being used does not comply, whether in whole or in part, with the law or these General Conditions, or if any conduct that is fraudulent or harmful to the image of Mercado Pago, its shareholders, its controlling or controlled companies, affiliates or subsidiaries, officers, employees, directors, agents and/or users and/or third parties is discovered or suspected. Furthermore, Mercado Pago reserves its right to file any court or out-of-court action it may deem convenient.
c) Costs of Collecting through MercadoPago. Know the charges for using the Platform to collect money, as well as all other operating charges.
d) Selling Tool Codes. Following the opening of an Account and the authorization to use any of the Selling Tools, the User may post on its Website any of the codes provided by Mercado Pago to generate the Shopping Cart or the Buy-Now Button with the parameters necessary to direct its users to our Site (the "Codes"). Such Codes may take several forms based on Mercado Pago's availability and may not be modified by the User. Mercado Pago reserves its right to periodically update or modify the content and/or look of the Selling Tools and the URLs the Codes are routed to. Mercado Pago will not be liable if the Code is modified and this causes damage to a third party.
e) Liability for the Site Where the Selling Tools are Used and the Seller’s business. The Seller will be solely and exclusively responsible for all the contents on its Website. Should one or more Users or any third party bring any kind of court, out-of-court, or administrative claim or action against Mercado Pago, its shareholders, its controlling or controlled companies, affiliates o subsidiaries, officers, employees, directors, agents and employees, the Seller involved in such claims or actions will release and hold Mercado Pago, its shareholders, its controlling or controlled companies, affiliates or subsidiaries, officers, employees, directors, agents, representatives and attorneys-in-fact harmless from any liability. Furthermore, both Parties hereby represent that they are independent contractors and they do not have any kind of corporate or commercial relationship beyond that set out herein, and that each of them will hold the other harmless from any claim resulting from their tax, labor or social security obligations. Neither Party will mislead any person concerning its capacity as independent contractor of the other party, nor bind the other party with third parties. The breach of this obligation by a Seller will entitle Mercado Pago to terminate this agreement at any time by operation of law.
5- Policy on communication and the correct use of Mercado Pago trademarks on the Seller's Website
a) Use of trademarks, logos, and other intellectual property rights: Mercado Pago is the holder and/or licensee of the intellectual property rights available to Users for the use of the Services, including, without limitation, those contained in the Tool Kit that Mercado Pago will furnish to the Seller for the correct communication of the Mercado Pago payment Service.
The Seller undertakes to use the Tool Kit contents pursuant to this agreement and Mercado Pago’s instructions.
In advertising, promoting, and using the Mercado Pago payment platform and the Selling Tools, the Seller undertakes to only use the logos, banners, and other promotional materials provided by Mercado Pago.
The Seller will refrain from using banners or logos designed by the Seller and/or third parties, and any other promotional materials using Mercado Pago's intellectual property rights without Mercado Pago's prior written authorization.
b) Seller's Homepage: Logo, communication of bank promotions and available methods of payment. The Seller undertakes to communicate and use on its Website's homepage the trademarks, logos, banners for bank promotions and accepted methods of payment contained in the Tool Kit.
c) Seller's Website's Methods of Payment Section: Communication. The Seller undertakes to clearly and unequivocally inform its users in the method of payment selection section that the payment platform on its Website is provided by Mercado Pago, for which purpose the Seller will use the method of payment selection banner included in the Tool Kit.
d) Mercado Pago Positioning. If the Seller has more than one method of payment provider, the Seller must post the Mercado Pago method of payment selection banner in first or second place.
e) Mercado Pago Integration. The Seller must integrate Mercado Pago into its Website in compliance with Mercado Pago's effective integration policies, which require the Seller to:
i. Provide the Buyer's e-mail address at the time the Seller's Website and Mercado Pago are connected. To that end, the Seller represents that Seller has the Buyers' authorization.
ii. Implement the latest Mercado Pago checkout version.
iii. Include the Seller's logo and the product price in the Mercado Pago checkout.
f) Use of Sellers' trademarks, logos, and other intellectual property rights. The Sellers authorize Mercado Pago to perpetually use, without charge, their trade name, trademarks, logos, symbols, emblems, colors, and/or designs sent to a Mercado Pago commercial representative (the "Seller's Trademarks") in promotional actions, advertising, and/or communications related to the Mercado Pago service. Therefore, the authorization will only be valid upon sending such e-mail to Mercado Pago. This authorization enables Mercado Pago to show, reproduce, disseminate, and/or publish the Seller's Trademark through any media and on any platform, particularly including, without limitation, Mercado Libre's Platform and Site and e-mails sent to users of Mercado Pago and/or of the Mercado Libre's Platform.
6- General Contracting Conditions
a) Capacity. Only persons with legal capacity to enter into contracts and duly registered as Mercado Pago Users may submit Payment Processing Requests. Minors, persons without legal capacity to enter into contracts or Users temporarily or definitively suspended or disqualified from Mercado Pago's system may not register nor use the services.
b) User's Representations. Forbidden Uses. The User hereby represents that the purpose for which the Payment Processing Request is made does not violate any applicable law and that it is not meant for a service, sale or transfer prohibited by law or these General Conditions, including but not limited to: (i) gambling, bets, etc.; (ii) the trafficking of arms, persons, animals, etc.; (iii) money laundering and/or terrorist activities; (iv) pornography, prostitution or pedophilia; and/or (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 Mercado Pago's General Terms and Conditions.
Furthermore, using Mercado Pago to perform any transaction for a User’s own benefit and/or between two or more Users which may be considered or understood as a loan or cash advance, or for the deposit of Funds without a specific purpose or without a purpose related to a business transaction, is strictly prohibited. Mercado Pago will consider, without limitation, that a cash advance is any transaction where Mercado Pago finds that a User credits Funds into its Account and later withdraws such Funds; it also includes any situation where a User makes a Payment Processing Request in favor of another User, who later makes a new Payment Processing Request to the order of the former User, who ultimately requests the withdrawal of Funds.
It is absolutely forbidden to use Mercado Pago to perform any kind of fundraising activities with persons who are offered certain economic advantages in exchange of recruiting third parties entering the system by paying a certain amount of money to the most senior members (Pyramid-schemed Fundraising Chains)
Should Mercado Pago suspect or find hints of the use of Mercado Pago to carry out any activity prohibited by law or by Mercado Pago's General Terms and Conditions, Mercado Pago may reject, cancel or suspend any Payment Processing Request, and/or temporarily block access to and the use of an Account and/or the use or availability of functionalities, and/or definitively cancel an Account. In such case, the User will be held liable for any damage to Mercado Pago, its controlling and controlled companies, affiliates or subsidiaries, officers, employees, directors, agents, and/or employees, for which purpose Mercado Pago reserves its right to institute any court or out-of-court action it may deem convenient.
The User will be exclusively and unlimitedly liable for any damage Mercado Pago or the other Users of the Mercado Pago's services may have sustained as a result of the User's conduct.
c) 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 to have been successfully completed.
However, following the Claims and Disputes procedure, a User may request that Mercado Pago delete the positive score given by the system to its counterparty. Upon an analysis of each particular case, Mercado Pago will decide whether to accept or reject the request. Should Mercado Pago decide to render the positive score ineffective, the User will not only lose that score, but an additional rating point will also be deducted from its reputation.
If the same Users perform more than one transaction with each other through Mercado Pago, they may give a maximum of one positive score and one negative score to each other's reputation.
d) Use of the Service in User's Name. Users may only use the Services in their own name and not on behalf of third parties. The User will not resell the Services to third parties.
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 processing services in the name and on behalf of Users under the conditions set forth in the Payment Processing Service Terms and Conditions.
f) Interest. The Funds credited in a Mercado Pago Account do not bear interest and the User may freely dispose of such Funds to perform the transactions described herein once they are credited in its account, within the time terms, and pursuant to the mechanisms and rules, set by Mercado Pago.
g) Payments in Foreign Currency. All payments will need to be made in the Argentine Republic’s legal tender. The exchange rate applicable to convert U.S. dollars into pesos will be the selling exchange rate published at the closing of the previous day on www.lanacion.com.ar. In the event that quote is not published, and for as long as it is not published, the selling exchange rate published at the closing of the previous day by Banco de la Nación Argentina will be used instead.
h) Payment Processing Service Fee.
The User agrees to pay Mercado Pago a fee for the Payment Management Service (the “Fee”) each time Funds are credited in its Account after receiving a payment. The details of the Fee are available at ‘Payment Processing Service Fee’.
Furthermore, the User authorizes Mercado Pago to discount and withhold from the Funds available in its Account any amount owed to related companies with which Mercado Pago has any kind of business agreement in that respect. Mercado Pago will inform the User the name of such companies with which Mercado Pago has entered into any commercial agreement in this regard (including but not limited to Mercado Libre Colombia Ltda.). The names of these companies will be informed by Mercado Pago to the User.
Mercado Pago may, at its sole discretion, issue electronic invoices for fees, charges, and other items resulting from the use of the Services by Users, pursuant to Colombian National Customs and Tax Agency (DIAN, for its Spanish acronym) Resolution No. 14,465 of 2007. Acceptance of the General Terms and Conditions by Users implies, among other things, their express consent to receive the abovementioned invoices electronically.
i) Personal Data Security and Confidentiality. Mercado Pago will not sell, rent or negotiate with other companies the Users' personal data except as and in the cases stated in the Privacy Policies. These data will be used to provide the Payment Processing Service. However, Mercado Pago may share such information with value-added service providers integrated in the Site or through links to other Internet sites to answer the Users' needs associated with the services provided by Mercado Pago. For further information, please check MercadoLibre's Privacy Policies, which will govern the Payment Processing 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, which will apply to the Users to the extent they store transaction data not of their own. 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.
The Users are aware of and agree to Mercado Pago’s access to the contact list on the mobile device used. Mercado Pago will use such information for the sole purpose of locating and identifying mobile phone numbers and/or e-mail addresses of other Users and/or potential users. In turn, the Users acknowledge that they are authorized to share such information with Mercado Pago.
As regards potential users, Mercado Pago will not store the names, postal addresses, banking data, ID card and/or identity document numbers, or any other information that allows a person to be identified or renders that person identifiable. It will only store mobile phone 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, or from the User’s own 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 the Selling Tools, or for any other reason beyond Mercado Pago's control. Users MAY NOT attribute any liability to Mercado Pago or request any kind of redress for damage resulting from such difficulties or any other kind of damage, including indirect, special or consequential damage sustained by Users, even where such failures affect the amounts to be paid or credited.
k) Limited License. All intellectual and industrial rights over the Site, the Selling Tools, Codes, development, software, hardware, domain, logos, emblems, logotypes, designs, structure, contents, information, etc. are the property of Mercado Pago and/or its controlling or controlled companies, affiliates or subsidiaries. The User may under no circumstances be deemed to have any kind of right over them other than the rights over the Selling Tools that Mercado Pago places at Seller's disposal during the effective term of this Agreement.
Mercado Pago only authorizes the Seller to use its intellectual property related to the Selling Tools placed at Seller's disposal to carry out activities under this Agreement in its Website by creating a direct link to Mercado Pago's Service. Any other use of Mercado Pago's intellectual property is strictly prohibited. As long as the above limitations are observed, Mercado Pago grants a free, non-exclusive and revocable license to the Seller.
The logos, emblems, logotypes, designs, structure, etc. of the methods of payment permitted by Mercado Pago are the exclusive property of each method of payment company. Users declare to know and accept that their use is solely permitted for the purposes of each method of payment, and in no case will the User be deemed to have any rights over them. Users will refrain from using the trademarks, logos, emblems, logotypes, designs, structures, etc. of the methods of payment permitted by Mercado Pago, or any other brand, in any way which could lead to believe that the product or service offered by the User is sponsored, promoted, manufactured, offered and/or sold by any method of payment company or the brands involved. In addition, Users will refrain from any act which could cause any damage, loss of reputation, or impairment to those brands, and from using them in violation of morals or good customs.
l) Amendments to the Payment Processing Service Terms and Conditions. Mercado Pago may from time to time modify the Payment Processing Service Terms and Conditions. Mercado Pago will notify the User of such changes by publishing an updated version of the terms and conditions on the site and indicating the date of the last update. All amended terms will become effective 10 (ten) days after their publication. Within 10 (ten) days following the publication of the amended terms, the User will inform via e-mail if it does not accept those amendments, in which case the contractual relationship will be terminated. Once such term has expired, the User will be deemed to have accepted the new terms and the agreement will continue to be binding on both Parties. The amended Payment Processing Service Terms and Conditions will apply to all Payment Processing Requests submitted after notice is given to the User.
ll) Assignment. Users may not assign, transfer, delegate or dispose of the rights or obligations arising out of this Mercado Pago Agreement, whether in whole or in part. Mercado Pago may assign, transfer, delegate or dispose of the rights or obligations arising out of this Mercado Pago Agreement, or its contractual position, whether in whole or in part, for which purpose the User hereby gives its prior consent.
m) Termination. Mercado Pago and the User may terminate this agreement at any time during its effective term without cause, which will lead to the closing the User's Account, but will not suspend compliance with all Payment Processing Requests which have already been authorized by the User at the time such termination is notified. To exercise this termination right, the party seeking termination must have performed all the obligations undertaken with the other party or any third party involved in the transactions.
Furthermore, if the User breaches the conditions hereof or the applicable laws, Mercado Pago may terminate Service provision without prior notice, reserving the right to claim damages for any loss resulting from such breach.
n) Documentation. The User expressly accepts that the documentation and information related to the Agreement as may be provided by Mercado Pago will be, unless otherwise expressly stated, in electronic format. In any case, the User will be able to make copies, including hard copies, of all documentation and information provided by Mercado Pago in connection with the Agreement. The User irrevocably authorizes Mercado Pago and/or any other person designated by Mercado Pago to record User's transactions related to the Services provided by Mercado Pago, and to use those recordings as evidence before any administrative and/or court authorities. The receipts issued by Mercado Pago will be deemed sufficient evidence of compliance with the instructions and the Payment Processing Request, will replace the need for any other receipt and will be fully enforceable against the User. To that effect, the User and Mercado Pago agree to give evidentiary value to the receipts issued as a result of the approvals or instructions given by the User within the scope of the applicable laws.
o) Notices. Users expressly accept that all notices made by Mercado Pago to Users (i) at their registered main e-mail address (special electronic address) and/or (ii) to the User’s Account, will be valid.
p) Addresses. The address of Mercado Pago is set at Arias 3751, Piso 7, Ciudad de Buenos Aires. The address set by Users for the purpose of the Payment Processing Requests will be that registered by them with Mercado Pago.
q) Annexes. The following documents are an integral and non-severable part of the Terms and Conditions of Use of this agreement, and they may be reviewed on the Site at the link below, or by directly accessing the relevant pages:
- Service Fees
- Buyer Protection Program
- Mercado Libre Terms and Conditions
- Seller Protection Program
- Funds Advance
r) Dispute Resolution. Users agree to submit any controversy to the decision of Mercado Pago pursuant to the provisions of the Buyer Protection Program (PPP) and the Seller Protection Program (SPP), as the case may be, where applicable. Furthermore, should the PPP and the SPP not apply, Platform Users hereby accept the Claims and Disputes Resolution mechanism established by Mercado Pago. Users accept that they must abide by Mercado Pago's decision whenever the parties to a transaction subject to such mechanism fail to reach an agreement, and waive any claim against Mercado Pago in connection with such decision. In the resolution of disputes subject to the PPP, the SPP, or the claims resolution mechanism, Mercado Pago will only decide that funds are to be returned to a User if it has evidence that sufficiently and reasonably justifies such decision, and funds will be returned exclusively to the bank account from which the funds were transferred.
In the event of a claim made within 10 days following the receipt of a product by a Buying User, and in accordance with the Consumer Protection Law, the Selling User will accept the change or return of the product, and will bear any related expenses, including any shipping costs necessary. Mercado Libre may debit those expenses using the Mercado Pago system from the Selling User’s account. If for the purposes of the transaction the Mercado Envíos service has been used, Mercado Libre may make shipping tags available to the Buying User to effect the return of the product and then deduct the cost of those tags from the Selling User’s Mercado Pago account, as provided above.
s) Payment Reversals. Pursuant to Decree 587 of 2016, Mercado Pago, in its capacity as party to the payment procedure or the service provider, offers the payment reversal request form.
t) Jurisdiction and Applicable Law. This agreement will be governed by the laws in force in Colombia.
Any dispute arising from this agreement, its existence, validity, interpretation, scope, or performance will be submitted to the odinary courts in Colombia.
7- Processing of Personal Data
7.1. The Seller undertakes that the personal data (hereinafter, “Personal Data”) shared by Mercado Pago as part of the Payment process shall only be processed to the extent necessary in order to comply with the obligations set forth in these Terms and Conditions; and hereby guarantees that the processing of said Personal Data shall be carried out in accordance with the Data Protection Laws applicable in Colombia.
7.2 The Seller shall implement all appropriate technical and organizational measures, including a written information security program in compliance with any applicable laws and regulations, designed to guarantee and protect the safety, integrity and confidentiality of the Personal Data shared; and protect against any unauthorized processing, loss, use, disclosure or acquisition of, or access to, any personal data.
7.3 The Seller undertakes to respond to any request related to the privacy and protection of personal data in due time and manner, in accordance with the applicable Laws on the Protection of Personal Data in force. In case of doubt or failure to respond, it shall immediately notify Mercado Pago, so that the feasibility and way of responding thereto are agreed upon.
7.4 The Seller shall immediately notify any communication or request received from a Competent Authority and shall also cooperate to the greatest extent allowed by the applicable Data Protection Laws.
7.5 The Seller shall make sure that the Personal Information shared is true; and shall notify Mercado Pago if it becomes aware of any inaccuracies in the Personal Information shared.
7.6 The Seller shall provide the contact details of its officers or staff members responsible for data protection (or similar) to facilitate direct communication with them.
7.7 The Seller shall inform and cooperate, to the extent permitted by the applicable Data Protection Laws, if a data owner or a competent authority files a complaint, claim or investigation related to the Processing of Personal Data.
7.8 The Seller undertakes to hold Mercado Pago harmless against any direct or indirect damage resulting from any breach of its obligations hereunder and/or the applicable Data Protection Laws.
7.9. At any time during the processing of Personal Data, the Seller shall notify any Information Security Incident affecting or violating Personal Data, including any intrusion into the facilities, systems or computer equipment of the sub-contractors. The Seller undertakes to cooperate in relation to any investigation, auditing and notification to affected parties, Owners, state organizations or regulatory authorities, as well as in relation to any applicable corrective measures. To the extent of its capacity as Responsible and in compliance with the Laws on the Protection of Personal Data, it shall implement the plan for detection, classification, service, investigation, response, containment and notification to affected parties as regards Information Security Incidents related to Personal Data.
7.10. The Seller shall not retain or process the Personal Data shared for longer than necessary to carry out the purposes and perform the obligations set forth in these Terms and Conditions. However, it shall retain the Personal Data shared in accordance with any applicable legal or professional retention period in its corresponding country and/or industries.
7.11. For any international transfer of Personal Data to a country not guaranteeing a proper level of protection in accordance with the Laws on the Protection of Personal Data, the Seller shall comply with said Laws on the Protection of Personal Data regarding international transfers of personal data.
7.12. If the Seller performs any processing activity that is not related to the enforcement of these Terms and Conditions, such processing activity shall be carried out in a context other than the conditions established in this section. In this case, the Seller shall be solely responsible for said processing, and Mercado Pago shall be released from any obligation or liability that may derive therefrom.
7.13. For all purposes of these Terms and Conditions, the following terms shall have the meaning ascribed below:
(i) "Incident": It refers to: (i) any breach detected in the facilities, equipment, systems or people hired or employed by the Seller (hereinafter, a "Breach"), which can be reasonably expected to have an adverse effect on the safety, confidentiality or integrity of the Data and the systems involved; (ii) any appropriation of data, and/or any situation implying or constituting an unauthorized use or alteration of the Data and the systems and/or servers involved; as well as any situation compromising safety or constituting an unauthorized Use of the Data; and (iii) any failure to comply with the regulations on the protection and security of the data.
(ii) “Personal Information”, “Personal Data”: Any information relating to an identified or identifiable person, including, without limitation, all electronic and printed files. This information includes Sensitive Data (as defined in this section) and may include: name or initials, domicile or any other physical address, mobile or landline telephone number, email address, IP address, credit card number, photographs or any other data or information subject to the Laws on the Protection of Personal Data.
(iii) "Laws on the Protection of Personal Data": Any and all laws, rules, regulations and orders of any jurisdiction or subdivision thereof, related to the privacy, safety, confidentiality and/or integrity of Personal Information, and applicable to these Terms and Conditions.
(iv) Data Owner: An identified or identifiable person whose Personal Data is processed, consulted, received, transmitted, deleted or maintained by the Seller. An identifiable person is one who can be identified, whether directly or indirectly, in particular by means of an identification number or one or more specific elements of their physical, psychological, mental, economic, cultural or social identity.
(v) Data Processing: Any form of handling of the Data carried out by any means, including, without limitation, any collection, consultation, reception, use, transfer, recovery, manipulation, recording, organization, storage, maintenance, hosting, adaptation, alteration, possession, disclosure, release (by transmission, diffusion or otherwise making them available), blocking, deletion, destruction, sale or licensing thereof.