Mercado Pago Terms and Conditions of Use
Valid from: May 6th, 2020
These conditions of use (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 Libre, S.R.L. de C.V (Mercado Pago, we, us, our, and similar terms as appropriate), in which case the User will be subject to the terms and conditions governing Mercado Pago.
These General Conditions describe the User's and Mercado Pago's rights and liabilities on using the payment processing service, the platform and any related product or service offered by Mercado Pago (collectively, Service).
The User should read, understand and accept all the conditions set forth in these General Conditions and other policies and principles incorporated by reference here to before registering as a Mercado Pago User and/or using the Service.
If you do not accept these general terms and conditions, which are binding and compulsory, you should refrain from using the site and/or the services.
1- Account Registration
a) Registration. Any User wishing to use the Service should register in Mercado Pago and accept these General Conditions, even upon abbreviated registration as "Guest". To register, the User needs to complete the registration form with valid data and true, accurate and precise personal information ("Personal Data") in all fields. The User undertakes to update its Personal Data as necessary.Mercado Pago WILL NOT be liable for the accuracy of the Personal Data provided by its Users. In all cases, Users do guarantee and will be held liable for the truthfulness, accuracy, integrity, validity and authenticity of the recorded Personal Data. All the information and the Personal Data recorded by the User will be deemed a sworn statement.
Mercado Pago reserves the right to request additional receipts and/or information in order to verify the Personal Data provided by a user, as well as to temporarily or definitively suspend Users in case their information cannot be verified.
Mercado Pago reserves the right to reject a registration request or to temporarily or definitively cancel or suspend an account if it detects inconsistencies or discrepancies in the information provided by a User or suspicious activities, without such decision entitling the User to any claim for compensation or redress.
b) Mercado Pago Account.
On registering on Mercado Pago, the User will open an account with Mercado Pago ("Mercado Pago Account" or "Account"). The Mercado Pago Account will enable the User to make payments as well as to collect payments from third parties through the debiting or crediting of money in the Account.
The User will access its Mercado Pago Account by entering its e-mail address and personal security code ("Passcode"), and a password will be required to request the withdrawal or transfer of funds from or to another Account ("Payment Code"). The User undertakes to keep all its passwords and codes strictly confidential. Therefore, the User will be solely and exclusively liable for all transactions conducted in its Account. The User undertakes to immediately notify Mercado Pago through proper and reliable means of any non-authorized use of its Account, as well as of any actual or attempted entry into the Account by non-authorized third parties.
Mercado Pago will allow for the opening of two (2) different types of Accounts: (l) Personal Accounts, available by default for any person registering on Mercado Pago, provided all applicable requirements are met; and (ll) Professional Accounts, which may only be obtained after validating any requirement Mercado Pago may deem convenient.
It is stated that, irrespective of its type, the Account will at all times be personal, unique and non-transferrable, and it will be assigned to a single User; furthermore, the sale, assignment or transfer of an Account (including its reputation) under any title is strictly prohibited. The User may not permit or authorize the use of its Account by third parties. The Account will be identified with letters and, except it is expressly stated in another currency, any reference to monetary amounts in Mercado Pago will be deemed made in the national legal tender,_ i.e_., Mexican pesos.
The User understands that Mercado Pago could be remove his condition as Professional Account if he fails to meet any of the imposed requirements.
2- Payment Management. Power of Attorney
a) Payment Management Agreement. The User and Mercado Pago (jointly, "Parties") may from time to time enter into payment management agreements (individually, a "Payment Management Request") whereby Mercado Pago will provide payment management or processing services based on the User's instructions (Payment Management Services") for the payment or collection of money on behalf of the User using the platform provided by Mercado Pago in http://www.mercadopago.com.mx ("Platform" or "Site").
The Parties agree that completed Payment Management Requests will be governed by these general terms and conditions (jointly with the conditions specific for each Payment Management Request, "Payment Management Service Terms and Conditions").
b) Irrevocable Power of Attorney. On completing a Payment Management Request, the User will grant Mercado Pago an irrevocable power of attorney so that it may: (i) pay on its behalf a certain amount of money regarding which the Payment Management Request is completed ("Funds") and/or (ii) collect the Funds on its behalf, subject to the Payment Management Service Terms and Conditions.
The power of attorney granted by the User includes an authorization to dispose on its behalf of certain funds of its Mercado Pago Account and to transfer the Funds to a certain recipient by crediting a Mercado Pago Account designated according to its instructions. Furthermore, the power of attorney involves an authorization by the User to collect and credit the Funds in its Mercado Pago Account according to its instructions. Mercado Pago will not use the User's Funds for any purposes other than those specifically instructed by the User.
c) Execution of the Payment Management Request. The Payment Management Request will be executed by the User by sending a Payment Management Request online form detailing instructions regarding the Funds. Mercado Pago reserves the right to refrain from processing Payment Management Requests which are incomplete or if there are inconsistencies between the data provided by the Users and those specifically entered in Mercado Pago or 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 or other circumstances regarding the payment instruction. The payment instructions introduced in a Payment Management Request may only be made through the Platform, and no payment instruction will be processed or deemed valid if made through other means external to the Platform.
d) Perfection of the Request. The Payment Management Request will not be deemed perfected and Mercado Pago will not take on any obligation or liability whatsoever under it until Mercado Pago: (i) has accepted the User's Payment Management Request (it is expressly stated that Mercado Pago may refrain from accepting the Payment Management Request with no justification of cause and without incurring any liability), and (ii) has received the whole amount of freely-disposable Funds.
e) Liability for the Request. Mercado Pago will not incur any liability for any orders, instructions, Payment Management Requests and/or wrong or incomplete payments resulting from the erroneous entry of an e-mail address, relevant information on the recipient or the payment transaction made by the User.
f) MercadoPago's Liability for Payment Instructions. Mercado Pago will not be liable for or guarantee the performance of the obligations taken on by Users with third parties regarding payments to be made or collect through the Platform. The User acknowledges and accepts that all transactions conducted with other Users or third parties are made out of its free will, with its full consent and at its sole risk and liability. Mercado Pago will under no circumstances be deemed liable for any lost profits or for any damages which the User may have sustained as a result of the transactions made or failed to be made through Mercado Pago's Platform. Since Mercado Pago is not subject to the obligation giving rise to the Payment Management Request, it will not be held liable or be under a duty to verify the causes, amount or any other circumstance regarding said Request or the existence, quality, quantity, working condition, status, integrity or legitimacy of the goods or services offered, acquired or purchased by Users and paid using Mercado Pago, as well as the Users' contracting capacity and the truthfulness of the Personal Data provided by them. Should one or more Users or a third party bring any kind of claim or legal action against another User or other Users, each and every User involved in said claims or actions will release Mercado Pago and its directors, managers, employees, agents, operators, representatives and agents from liability. Users have a 90-day limit from the day of purchase to file a complaint againt one or more users. Once that period has expired, you will not be able to file a complaint from the Mercado Pago site.
3- Delivery, Application and Withdrawal of Funds
a) Delivery of Funds by the User. Once Mercado Pago has accepted a Payment Management Request by the User, the User will have to transfer 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 such effect and authorized by Mercado Pago; or (ii) the Funds available in its Mercado Pago Account, provided they are sufficient to meet all the instructions given in the Payment Management Request; otherwise, said Request will not be processed.
The crediting of Funds in the User's Mercado Pago Account will be made within three (3) working days as from the date on which Mercado Pago receives the authorization of the means of payment used in the transaction. This term might be longer if the User is required to comply with some verification process by Mercado Pago in order to be able to process the Payment Management Request. Know the Payment Methods with Which You Can Operate.
Mercado Pago will use all reasonable endeavors to guarantee that the above term is met. However, the User understands that due to certain factors, mostly external to Mercado Pago, there may be delays and, consequently, it releases Mercado Pago from all liabilities arising out of the resulting damages or inconveniences.
Mercado Pago will deposit in the User's Account the amount actually credited through the means of payment used, independently of the amount declared by the User where the means of payment used allows for the declaration of an amount of money different from that actually deposited.
In its Mercado Pago Account, the User may only have payments or money credited through the tools enabled in the Platform. If Mercado Pago considers that a User may be irregularly using the mechanisms to incorporate Funds, including but not limited to the publication or printing of the deposit slip to be used by Users not holding the Mercado Pago Account, Mercado Pago may apply the provisions set forth in Section 5(m) of these General Conditions.
The User undertakes not to apply any additional charge for accepting payments or having funds credited through the Platform.
b) Fund Availability Terms. Funds credited into a User's Account will be available pursuant to the terms and conditions stated at Services Fees and Fund Availability.
If the paying User informs that the transaction carried out through the Mercado Libre Platform was not completed, a claim will be automatically filed under the Claim and Dispute Resolution mechanisms set out in these General Conditions and the Funds will be withheld by Mercado Pago until the claim is settled.
Mercado Pago may release the funds before the specified time terms whenever it deems it appropriate, including in the case of a Fund Advance requested by a User.
For safety reasons, any Funds credited to the User's Account may remain unavailable for an indefinite period of time when, at Mercado Pago's discretion, there is strong suspicion of illegality, fraud or any other act contrary to these General Terms and Conditions of Use.
Any information on available and credited funds in a Mercado Pago Account will always be verified by the User through Mercado Pago's Platform at www.mercadolibre.com or www.mercadolibre.com.mx with the User's e-mail address and personal password. 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 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.
c) Instructions regarding the Funds. Mercado Pago will follow the instructions entered by the User to: (i) make a payment or dispose of the Funds held in its Account or deposited to such effect; or (ii) credit the Funds in its Account. Upon registering on Mercado Pago and keeping an active Account, the User agrees to, accepts and authorizes the reception of Fund crediting transferred by other Users to its Account and the debiting of any applicable charge.
d) Withdrawals. Once the Funds have been credited in the User's Account, the User may choose to: (i) withdraw all or part of the balance available in its Account; or (ii) keep the Funds for later use. The User acknowledges and accepts that (a) all fund withdrawals will be subject to prior payment of any debt owed for whatever cause by the User to Mercado Pago and/or DeRemate.com de México S. de R.L. de C.V. and/or companies with which Mercado Pago holds some business agreement in that regard (which will be informed to the User), and (b) only Users residing in Mexico will be authorized to withdraw Funds from Mercado Pago.
The withdrawal of Funds will be made via bank transfer to the bank account timely indicated by the User. Said transfer may be credited up to 2 business days after the withdrawal request is made. Any expense resulting from the transfer will be borne by the User.
e) Deposit of Funds in Mercado Pago Account. User may fund its Mercado Pago Account only in mexican pesos, with the purpose of having sufficient funds in its account for fulfilling future Payment Management Requests through any of the following methods:
a. Fund transfers among Mercado Pago Accounts from a User to another User, which can be done 24 hours a day, seven days a week. These transfers will be credited in User’s Account immediately.
b. With charge to a Debit Card issued by a Financial Institution, which must be previously validated by Mercado Pago. This service will be available 24 hours a day, seven days a week and the funds will be credited in User’s Account immediately. Notwithstanding the foregoing, for security reasons, Mercado Pago may ask the User additional information or documentation before doing such charge in which case, any funds will be credited up to 2 business days after Mercado Pago validates User’s information or documentation. If User does not provide such information or documentation to Mercado Pago the transaction may be cancelled.
c. As long as this option is available, which Mercado Pago will inform the User through the Platform, with cash in any commercial ally of Mercado Pago informed through the Platform. The availability of these Services and their, costs will be determined by the commercial ally, on the understanding that any cost related to this service will be designated exclusively by the commercial ally, since Mercado Pago will not charge any additional fee for this service.
d. Money wires from a Mexican deposit account held in a Mexican Financial Institution located in Mexico, using the designated CLABE to the Account, through the Electronic Interbank Payment System (“SPEI”). This service will only be provided to Users that are Mexican adult persons that have provided Mercado Pago with all the information and documentation requested by Mercado Pago for such purposes through the Platform. This service will be available 24 hours a day, 7 days a week, depending on the services rendered by the Financial Institution from which the wire will be sent and any fund will be credited immediately.
Mercado Pago will inform the User through the Platform of any modification or adjustment to these options, and the limits of deposits allowed in each one of them.
These options and services may be modified by Mercado Pago once it obtains the IFPE license in terms of subsection (u), section 6 of these Terms and Conditions, which will be informed to the User through the Platform. In this case, if User wants to continue using these services, User will have to accept the specific terms and conditions that will govern them, and provide to Mercado Pago the necessary information and documentationn in terms of any applicable law. If the User does not comply with the aforementioned, the services of this subsection (e) will be suspended, without any responsibility or liability to Mercado Pago.
f) Limits. Mercado Pago will determine a maximum amount for Payment Management Requests, which amount may vary according to the selected payment method, the type of Request and/orMercado Pago's discretion; furthermore, said amount may be modified at any time by simply publishing it in the Platform.
g) Any User who receives Funds in its Account as payment for goods by another user ("Recipient User") will only send the goods to the person who has purchased them and paid to the buyer ("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 fails to receive the goods after it has deposited the Funds into the Recipient User's Account, the Sender User may file a claim through the Buyer Protection Program within ninety (90) days after payment was credited. Both the Sender User and the Recipient User have to access Mercado Pago's Platform with their e-mail addresses and personal password to verify that Funds have actually been transferred from and/or credited in their respective Mercado Pago Accounts. Information received via e-mail is not enough to have Funds verified.
Mercado Pago and its related companies will not be liable for 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 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.
h) Reversals, chargebacks, repudiation of charges by any means of payment. Notwithstanding the provisions contained herein, if a User has withdrawn funds and the Sender User or the owner of the means of payment used cancels, annuls, makes a chargeback on, repudiates, or reverses the sums involved in the transaction after sending the money, whatever the means of payment used to pay the funds, these sums shall be deducted and debited from the Recipient User?s Account. Therefore, the User expressly authorizes Mercado Pago to debit Funds from its Account as may be required to cover any such annulment, chargeback, repudiation, or reversal, or to debit these sums from any future income if there are not enough funds in the Account; otherwise, the User undertakes to pay the relevant amount within thirty (30) days following the Funds? deduction. For the purposes of contesting the return of the Funds, any evidence provided by the Recipient User in this respect to Mercado Pago to support his challenge will be important, but this does not entail that the Funds will be credited anew or that Mercado Pago undertakes to object the funds? return, even where the User has effectively furnished proof. In the event of an annulment, chargeback, repudiation, or reversal, the Recipient User may be liable to Mercado Pago for the relevant sum plus any other applicable cost or expense. Mercado Pago may commence any relevant court or out-of-court proceedings in order to be paid the amount at issue. The Recipient User undertakes to keep the supporting documents of the sale of goods or products made through Mercado Pago, including any documentation proving the shipping or delivery of the relevant goods or products, for no less than one year from the date of reception of the Funds.
Regarding this section, please refer to the Seller Protection Program (SPP).
i) Liability for the Funds. Mercado Pago will keep the Mercado Pago Accounts' Funds in a bank account in its name ("Collection Account") opened at BBVA Bancomer, S.A. (BBVA), Banco Nacional de México, S.A. (Banamex) and Banco Mercantil del Norte, S.A. (Banorte), ("Bank") and will use different money transfer agents. Mercado Pago will not be liable upon insolvency of the Bank, the financial entity or agent used for the transfer of Funds or any legal or regulatory change that may affect the account in which the Funds are deposited by Mercado Pago. In such case, the User will deliver to Mercado Pago all additional amounts necessary for Mercado Pago to fulfill its duties under the power of attorney.
Users do hereby release Mercado Pago from all liability for events which may affect the banking or financial entities and/or agents where the Accounts' Funds are deposited as well as from liability related to political and economic situations that may arise in the country and that are alien to Mercado Pago. In such cases, Users will not be able to attribute any liability to Mercado Pago, its subsidiaries or affiliates, controlling and/or controlled companies, or demand the reimbursement of money or payment of lost profits resulting from damages caused by this kind of situations or payment orders rejected or unprocessed by the system, or suspended or cancelled accounts. Users acknowledge that Mercado Pago will deposit the funds provided under the Payment Management Requests in the bank account(s) previously mentioned. Therefore, upon a situation like those described in the previous paragraph, Mercado Pago will not be bound to follow the User's instructions if there are different rescheduling, exchange, disposal, conversion or return options. In these situations, Mercado Pago may choose the option which, at its sole discretion, is the most convenient, including the option it deems more appropriate to quickly, easily and orderly settle the Funds deposited in the Bank even if that implies a reduction, acquittal or time extension for 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 ("Buy Now Button") offered by Mercado Pago (the Shopping Cart and the Buy Now Button will be collectively referred to as "Selling Tools").
a) Requirements. Only previously registered Users may use any of the Selling Tools; to such effect, Mercado Pago reserves the right to request additional information or verify Personal Data. Users using the Selling Tools for selling purposes will be called "Sellers" and Users using the Selling Tools for purchasing purposes will be called "Buyers".
b) Prohibitions. The use of any of the Selling Tools in any Website (i) which has content or allows, permits or performs any activity contrary to legal and administrative provisions, morals and good customs; or (ii) which promotes or offers sex 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 in any way minors under 18 years of age or movies or photographs of minors under 18 years of age taken illegally or without the consent of the persons photographed; or (iv) promoting any kind of violence or discrimination, prostitution, money laundering activities, the trafficking of arms, people or animals, or other illegal activities; and/or (v) offering contents breaching any legislation in force, especially that related to the protection of intellectual property rights, software piracy, etc., is strictly prohibited. Mercado Pago may terminate this Agreement and/ or temporarily or definitively suspend or cancel an Account without prior notice if it finds that the Website where a Selling Tool is being used does not meet, whether in whole or in part, the standards mentioned above or if conduct fraudulent or harmful to the image of Mercado Pago, its shareholders, parent companies, affiliates or subsidiaries, officers, employees, directors, agents and/or its Users and/or third parties is discovered or suspected. Furthermore, Mercado Pago reserves the right to institute any court or out-of-court action it deems convenient.
c) Costs of Collecting Money through Mercado Pago. Know the Charges for Using the Platform to Collect Money, as well as all other operating charges.
d) Selling Tool Codes. After opening an Account and receiving an 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 ("Codes"). Such Codes may take several forms according to Mercado Pago's availability and may not be modified by the User. Mercado Pago reserves the right to periodically update or modify the content and/or look of the 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 Selling Tools are Used. The Seller will be solely and exclusively liable for all the contents on its Website. Should one or more Users or any third party bring any kind of court, out-of-court, or administrative claim or action against Mercado Pago, its shareholders, parent companies, affiliates o subsidiaries, officers, employees, directors, agents or employees, the Seller involved in such claims or actions will release and hold Mercado Pago, its shareholders, parent companies, affiliates o subsidiaries, officers, employees, directors, agents, representatives or 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 partner or commercial relationship beyond that set out herein, and that each of them will hold the other harmless from any claim resulting from tax, labor or social security obligations imposed on each. Neither Party will mislead any other person concerning its capacity as independent contractor of the other party nor bind the other party vis-à-vis third parties. Breach of this obligation by a Seller will entitle Mercado Pago to terminate this Agreement at any time by operation of law.
5- General Contracting Conditions
a) Capacity. Only persons who have legal capacity to enter into contracts and duly registered as Mercado Pago Users may submit Payment Management Requests. Minors, persons who do not have 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 subject-matter of the Payment Management Request does not violate any applicable law and that it is not a service, sale or transmission prohibited by law or by Mercado Pago's General Terms and Conditions, including but not limited to: (i) gambling, bets, etc.; (ii) the trafficking of arms, persons, animals, etc.; (iii) money laundering and/or terrorist activities; (iv) pornography, prostitution or pedophilia; and/or (vi) any activity which may be considered or suspected to be fraudulent or illegal.
The User may not use Mercado Pago's services to transfer material constituting a crime or which may directly or indirectly give rise to civil liability or breach Mercado Pago's General Terms and Conditions.
Furthermore, using Mercado Pago to perform any transaction which may be considered a loan or cash advance is strictly prohibited. "Cash advance" means any transaction where Mercado Pago detects that a User credits Funds into its Account and later withdraws such Funds; it also includes any situation where a User records a Payment Management Request in favor of another User who later makes a new Payment Management Request to its order and finally requests the withdrawal of such Funds.
Should Mercado Pago suspect or find hints of the use of Mercado Pago to conduct any activity prohibited by law or by Mercado Pago's General Terms and Conditions, it may reject, cancel or suspend any Payment Management Request, temporarily block access to and use of an Account and/or the use or availability of applications, and/or definitively cancel the Account. In such case, the User may be held liable for any damage to Mercado Pago, its parent companies, affiliates or subsidiaries, officers, employees, directors, agents, and/or employees, for which purpose Mercado Pago reserves the right to institute any court or out-of-court action it deems convenient. The User will be exclusively and unlimitedly liable for any damage Mercado Pago or the other Users of Mercado Pago's services may have sustained as a result of the User's conduct.
c) Scoring System. The Mercado Pago system will give each User a positive score 30 (thirty) days following payment, provided no claim has been filed regarding the transaction, in which case the transaction will be deemed successfully concluded.
However, a User may request Mercado Pago, through the Claim and Dispute procedure, the deletion of the positive score given by the system to its counterparty. The request will be granted or not based on Mercado Pago's decision. Should Mercado Pago decide to render the positive score ineffective, the User will not only lose that score but also an additional score will be deducted from its reputation.
If the same Users perform more than one transaction with each other through Mercado Pago, they may provide a maximum of one positive score and one negative score to each other's reputation.
d) Use of Service in 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 Payment Management Services to third parties.
e) Mercado Pago is not a financial entity. It is expressly stated that Mercado Pago is not a financial entity and does not provide any banking or currency exchange services to its Users. Mercado Pago only provides payment management services in the name and on behalf of Users under the conditions set forth in the Payment Management Service Terms and Conditions.
f) Interest. The Funds credited in the Mercado Pago Account do not bear interest and the User may freely dispose of such Funds to perform the transactions described herein once they are credited in its account and pursuant to the terms, mechanisms and rules set by Mercado Pago.
g) Payments in Foreign Currency. All payments will be made in Mexican pesos. The exchange rate applicable to convert U.S. dollars into Mexican pesos will be the average value of the selling exchange rate at the closing of the previous day of that of payment.
h) Payment Management Service Fee. The User agrees to pay Mercado Pago a Payment Management Service fee ("Fee") every time it has Funds credited in its Account. Details on the Fee are available at Payment Management Service Fee. Therefore, the User authorizes Mercado Pago to discount and withhold the Fee or any other amount due from the Funds available in its Account. Furthermore, the User authorizes Mercado Pago to discount and withhold from the Funds available in its Account any amount owed to companies with whom Mercado Pago has any kind of business agreement in that respect (including, without limitation, DeRemate.com de México, S. de R.L. de C.V.). Mercado Pago will inform the User the name of such companies.
j) Service and/or Platform Disclaimer. MMercado Pago does not guarantee continuous or uninterrupted access to and use of its Site, the Service or Selling Tools. The system may be temporarily unavailable due to technical difficulties or Internet failures in links or Selling Tools or for any other circumstance beyond Mercado Pago's control. Users MAY NOT attribute any liability to Mercado Pago or request any kind of redress of damage resulting from such difficulties or any other kind of damage, including indirect, special or consequential damage sustained by Users, even where such failures affect the amounts to be paid or credited.
k) Limited License. All intellectual and industrial rights over the Site, Selling Tools, Codes, development, software, hardware, domain, logos, badges, logotypes, designs, structure, contents, information, etc. are the property of Mercado Pago and/or its parent 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 hereof.
Mercado Pago only authorizes the Seller to use its intellectual property related to the Selling Tools placed at Seller's disposal to perform the activities under this agreement in its Website by creating a direct link to Mercado Pago's Service. Any other use of Mercado Pago's intellectual property is strictly prohibited. As long as the above limitations are observed, Mercado Pago will grant a free, non-exclusive and revocable license to the Seller.
l) Modifications to Payment Management Service Terms and Conditions. Mercado Pago may from time to time modify the Payment Management Service Terms and Conditions. Mercado Pago may modify at any time the Payment Management Service Terms and Conditions. Mercado Pago will notify the User of such changes by publishing an updated version of said terms and conditions on the site and indicating the date of the last update. All modified terms will become effective 10 (ten) days from publication. Within 5 (five) days following publication of the modifications, the User will inform via e-mail if it does not accept said modifications, in which case the contractual relationship will be terminated. Once this term has expired, the User will be deemed to have accepted the new terms and the Agreement will continue governing the relationship between the Parties. The modified Payment Management Service Terms and Conditions will apply to all Payment Management Requests submitted after such notice has been sent to the User.
m) Termination. Mercado Pago and the Service User may terminate this agreement at any time during its life without cause, which will involve closing the User's Account but will not suspend compliance with all Payment Management Requests already authorized by the User upon notice of termination. To exercise this power, the party seeking termination must have performed all the obligations undertaken vis-à-vis the other or any third party involved.
Furthermore, if the User breaches the conditions hereof or applicable laws, Mercado Pago may terminate Service provision without prior notice, reserving the right to claim damages resulting from such breach.
n) Documentation. The User may make copies of all documentation related to the Agreement. The User irrevocably authorizes Mercado Pago and/or any other person appointed by Mercado Pago to record User's transactions related to the Services provided by Mercado Pago and to use such records as evidence before any administrative and/or judicial authority. The receipts issued by MercadoPago will be deemed sufficient evidence of performance of the instructions and the Payment Management Request, will replace the need for any other receipt and will be fully enforceable against the User. To such effect, the User and Mercado Pago agree to give evidentiary value to the receipts issued as a result of the approvals or instructions given by the User within the scope of applicable laws.
o) Notices. All notices made by Mercado Pago to Users at their registered main e-mail address will be deemed valid.
p) Addresses. The address of MercadoLibre, S. de R.L. de C.V. is set at Insurgentes Sur 1602, 9th floor Suite 900, Crédito Constructor, Benito Juárez, Federal District, Zip Code 03940, Mexico City, Mexico. The address set by Users for Payment Management Requests will be that registered by them on Mercado Pago.
q) Annexes. The following documents are an integral and non-severable part of the Terms and Conditions of Use incorporated to this agreement, and they may be visited on the Site at the link below or by accessing directly to the relevant pages:
Mercado Envíos Terms and Conditions (in spanish)
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 and as applicable. Furthermore, should the PPP or SPP not apply, Platform Users hereby irrevocably appoint PROFECO as inexcusable arbitrator to settle such disputes, pursuant to Section 117 of the Federal Consumer Protection Law, and agree to abide by the amiable composition arbitration provided for in Section 119 of such Law. The arbitration will be conducted at PROFECO's offices located at José María Vasconcelos No. 208, Colonia Condesa, Delegación Cuauhtemoc, Mexico City, or any other PROFECO offices designated by PROFECO officials within Mexico City.
Users will not hold Mercado Pago liable for the suspension of its power of attorney during the arbitration process, and may not claim under any circumstance that there has been negligence or misappropriation of funds by Mercado Pago.
Upon conclusion of the arbitration referred to in the above paragraph, Users will notify Mercado Pago of the award so that, pursuant to the instructions thereof, Mercado Pago reimburses the funds to the Buyer or transfers them to the Seller, which will be clearly stated in the arbitral award. If, for any reason, PROFECO is deemed not to have jurisdiction to settle the dispute, or if Mercado Pago believes there is doubt concerning the instructions included in the Award to deliver the funds, Mercado Pago will deposit the funds it received to perform its duties under the power of attorney in court, thereby releasing itself from any liability concerning the outcome of the dispute and the performance of its duties under the power of attorney.
For all legal purposes, the addresses set in the Payment Management Requests will be considered valid, unless Users set any other through reliable means in their submissions to PROFECO.
In the resolution of disputes subject to the PPP, the SPP or the ODR, Mercado Pago will only decide that funds are to be returned to a User if it has evidence that sufficiently and reasonably justifies such decision, and funds will be returned exclusively to the bank account from which the funds were transferred.
s) Movements Report. Transactional Detail on the Platform. The parties agree that Mercado Pago will make available to the User in a quarterly manner, through the Platform, the account statement that will show the movements of the User’s Mercado Pago Account. The User may download such account statement directly from the Platform at its sole discretion. Additionally, the User may check at any moment the movements made in his Mercado Pago Account through the Platform.
t) Jurisdiction and Applicable Law. This agreement will be governed by the laws in force in the City of Mexico. In case of conflict between the English version with the Spanish one, the Spanish version shall prevail.
u) Regulation. MercadoLibre, S. de R.L de C.V. (Mercado Pago) is supervised as a payment aggregator by the National Banking and Securities Commission (Comisión Nacional Bancaria y de Valores “CNBV”) and the Mexican Central Bank, accordingly to the General Provisions Applicable to the Means of Disposal (Disposiciones de Carácter General Aplicables a las Redes de Medios) issued in terms of the 4th Bis 3 Provision of the Transparency and Financial Services Arrangement Law (Ley para la Transparencia y Ordenamiento de los Servicios Financieros).
Some of the current activities of Mercado Pago regulated under these terms and conditions will be operated under the Financial Technology Institutions Law (“Fintech Law”). Mercado Pago makes of public knowledge, including to its Users, suppliers, creditors or any other interested third party (“Public”) that, accordingly and complying in time and in an appropriate manner with the Eighth Transitory Article of Fintech Law, that Mercado Pago requested to the CNBV the proper authorization to act as a Electronic Funds Payment Institution (“IFPE”).
Mercado Pago will continue to offer its products and services without modification during the authorization process period until Mercado Pago receives the corresponding authorization from the CNBV. However, until such authorization is received Mercado Pago’s activities are not supervised by any authority, nor will be considered as authorized by the CNBV or any of the remaining Mexican authorities.
This notice is not applicable to the services and activities offered by Mercado Pago as a Payment Aggregator in terms of the Transparency and Financial Services Arrangement Law, which will continue to be offered by a different entity from the IFPE, once the IFPE license is obtained.