Terms and Conditions of Use
To the Mercado Pago User,
Thank you for taking the time to read the Summary of Mercado Pago Terms and Conditions.
This information will help you use the Mercado Pago Platform. It is very important that you learn about our policies, how we will protect your data and your money, for this reason, it is necessary that you read and understand the Terms and Conditions of use of Mercado Pago, especially the following clauses:
Mercado Pago is a payment technology services platform that can be used by individuals and legal entities here referred to as "User". For the use of the Mercado Pago services, as a Visiting User, it will not be necessary to register. In order to use the Mercado Pago services, as a logged in User, the User must register providing his/her details in an exact, accurate and true manner, among them, name or corporate name, valid email address, and active individual or corporate tax registration number (“CPF” or “CNPJ”).
Any person under the age of 18 will not be able to register or use the services of Mercado Pago, neither people who do not have the capacity to contract or those users who have registered details with irregularities or who have been suspended from the Mercado Pago platform, temporarily or permanently.
The User is solely responsible for the registration information provided. Providing false or inaccurate information may subject the User to liability in the civil, administrative and criminal spheres, as intended by law.
The Mercado Pago usage password is personal and non-transferable. In case improper or unauthorized attempt to access, the User must communicate Mercado Pago as soon as possible.
The simple registration in Mercado Pago does not imply opening an Account, which will only occur with the deposit of Electronic Currency in the Account, with the expressed request to open the Account directly from the Mercado Pago website or with any Transaction, except Transactions made by Visiting Users. The Mercado Pago Account is personal and non-transferable and must be used by a single User.
5.1 In order to carry out a single transaction, it is possible to use the Payment Services in the "Guest User" mode, and the User must provide any information that may be requested.
Mercado Pago is not a supplier of any products or services purchased by Users, providing only Payment Services and only to mobile point-of-sale equipment (“MPOS”).
Funds availability. The amounts approved in the User Account will be available according to the terms and conditions described.
Account balance freeze. Payments made and account balances may be canceled or blocked in whole or in part, as provided in these Terms and Conditions.
In case the User wishes to use the available balance in his/her Mercado Pago Account for the acquisition of any product or service, they must previously have enough money to do so. In case of insufficient funds available, the User must inform an additional form of payment for the remaining amount, otherwise the User Transaction will not be processed.
Fees. The amounts charged for the provision of the Mercado Pago services can be viewed here.
Always use the electronic address www.mercadopago.com.br to gather information regarding the amounts and availability of funds in your Mercado Pago Account.
The User may not make use of Mercado Pago for any activity that could be considered or interpreted as money advance, self-financing, money laundering, loan or other similar forms as defined by law, other illegal activities or otherwise considered prohibited under the Terms and General Conditions of Use. In the event of any of these, Mercado pago may temporarily or definitively suspend the service and the User Account.
Mercado Pago Terms and Conditions of Use
These General Terms and Conditions constitute a contract between MercadoPago.com Representações Ltda., enrolled with CNPJ / MF under No. 10.573.521/0001-91, headquartered at Av. Das Nações Unidas, No. 3,003, Bonfim, Osasco/SP - CEP 06233-903, available at www.mercadopago.com.br (hereinafter referred to as "Mercado Pago") and any person who meets all the requirements of these General Terms and Conditions (hereinafter "User" or in the plural "Users") and who wishes to contract the services offered by Mercado Pago.
Mercado Pago is a payment institution, in the issuer of prepaid electronic currency modality and establisher of the Mercado Pago Payment Arrangements, duly authorized to operate by the Central Bank of Brazil. It is the payment technology services platform of the Mercado Livre website and other e-commerce platforms and physical establishments, through which payment transactions performed by buyers are processed and settled to sellers, according to the rules and procedures determined in these Terms and Conditions.
The provision of payment services in Brazil is regulated by Law No. 12.865/2013, Resolution of the National Monetary Council (“CMN”) nºs 4282 de 2013, Central Bank Circulars ("BACEN") No. 3680, 3681, 3682, 3885 and amendments.
Mercado Pago does not perform the provision of private financial institution services.
Acceptance of these general terms and conditions is absolutely indispensable for the use of the services provided by Mercado Pago.
In these Terms and Conditions are described the rights and responsibilities of the Users and of Mercado Pago when using the Payment Services, as defined in item 5.3 of these General Terms and Conditions.
The User must read, understand and accept all conditions established in these General Terms and Conditions and other policies incorporated by reference before registering as a User of Mercado Pago.
By registering in Mercado Mercado, the User may use all the services provided by the companies of the Mercado Livre group, stating that they have read, understood and accepted the respective Terms and Conditions of Use of each service, which are passed by reference to be an integral part of these General Terms and Conditions.
1.1.1 In order to use the Payment Services, the User must previously register in Mercado Pago, in which he/she must inform his/her registration details, among them, the name or corporate name, the CPF or CNPJ, telephone and email address, and in case of legal entities, the registration details of its partners or legal representatives. The simple registration in Mercado Pago does not imply the opening of an Account, which will only occur with the deposit of Electronic Currency in the Account, with any Transaction and/or with the expressed request to open the Account directly from the Mercado Pago website.
188.8.131.52 Only individuals or legal entities that have legal capacity to contract and are resident in Brazil can register in Mercado Pago. Therefore, persons under the age of 18, civilly incapable persons, persons without CPF or CNPJ, or with a CPF or CNPJ revoked, canceled, uninformed, voided, suspended, whose holder has deceased, or whose indicated partner and/or representative falls into any of those situations or those Users who have been suspended or disabled from the Mercado Pago Platform, temporarily or definitively
184.108.40.206 In the event that Mercado Pago identifies that a User and/or any of its partners/owners/representatives has an irregular registration situation, pursuant to item 220.127.116.11 above, Mercado Pago shall request the regularization of such situation, and the User shall not be able to transact the Account if such regularization is not carried out within the period stipulated by Mercado Pago.
1.1.2 Mercado Pago may, at its sole discretion, carry out the searches it deems necessary to investigate incorrect or untrue data, request additional details and documents from the User that it deems pertinent in order to check the informed registration details, and also resort to public or private databases, and the User may edit them at any time if he or she understands that such details are not up to date.
1.1.3 The registration details provided by the User must be complete, with accurate, precise and truthful information, and the User is solely responsible, civilly and criminally, for the details provided, and is also obliged to update them whenever necessary and/or requested by Mercado Pago, under penalty (i) of not using the Payment Services; (ii) suspension of Payment Services; (iii) suspension, freezing, limitation of access or cancellation of the Account, if any (in which case the User shall immediately request the withdrawal of any Electronic Currency balance made available in their Account); and/or (iv) accountability in the civil, administrative and criminal spheres as provided by Law.
1.1.4 The User authorizes Mercado Pago to obtain, at any time, their personal and/or commercial credit report with third parties, such as the Federal Revenue Service of Brazil, National Financial System Customer Registry - CCS and credit agencies such as Boa Vista , the SPC and/or SERASA. Such report may be obtained by Mercado Pago (i) when the User requests certain Payment Services or (ii) whenever Mercado Pago considers that there is an increase in the level of risk associated with the Account.
1.1.5 If the number or expiration date of the credit card registered in Mercado Pago is changed, Mercado Pago may, at its sole discretion, update this information through financial services partners and automatically update the Account.
1.1.6 In the event that Mercado Pago verifies any discrepancy, inaccuracy or irregularity of the User's registration details, it may request them to update and/or regularize its registration status and, if such request is not fulfilled within the granted period, the User may have his Transaction denied , be suspended or disabled from the Mercado Pago platform, and their Account is blocked and/or terminated.
1.1.7 The use of the Payment Services may also be performed by a Visiting User in a Transaction, with or without registering in Mercado Pago, however, subject to the eventual request for information by Mercado Pago.
1.2. Account Opening
1.2.1 For the opening of an Account in Mercado Pago, the User must have valid registration in Mercado Pago; and (i) make a deposit of Electronic Currency in the Account, (ii) open the Account directly in the applications of Mercado Pago; or (iii) receive funds from any Transaction and not solely arising out of cancellation or chargeback.
1.2.2 The Paying User or the Receiving User, if he/she is an individual, shall be the final beneficiary and the account holder, and if it is a legal entity, shall be the account holder and inform and prove to Mercado Pago, as and when requested, ( i) Individuals authorized to represent them (administrators and representatives) and (ii) their chain of shareholding, direct and indirect, until it reaches the individual level (final beneficiary) or, for public companies and nonprofit entities until it reaches its final controllers, if any.
1.2.3. The User agrees to keep his/her passwords under his/her guardianship, therefore Mercado Pago shall not be liable in any case for any damages caused to the User or any third party due to the disclosure and improper use thereof. As a consequence, the User will be solely responsible for any transaction performed on Mercado Pago from your Account. The User undertakes to immediately notify Mercado Pago, by means of proper and reliable, of any unauthorized use in their Account, as well as access or attempts of access by unauthorized third parties.
18.104.22.168 Pago Mercado will never ask the User for their Mercado Pago account registration or access details, such as, login, password, token code or other security code accessible by mobile phone, card data etc. The User should be wary of links and/or any other messages that request such information and appear to be from Mercado Pago. The User will be solely responsible for any information disclosed to third parties.
1.2.4. In the event that the User is a legal entity, it declares that its registration, opening of Account and Transactions will be carried out by its legal representative and/or administrator and assumes full and exclusive responsibility with respect to its full powers for such acts, including the safekeeping and use of the access password to the Account, exempting Mercado Pago from any liability in this regard.
1.2.5. The User's Account may be terminated at the User's initiative, and the termination shall be conditional on the non-existence of pendencies, such as, but not limited to: (i) divergences, inconsistencies and/or irregularities in the registration information provided and/or of its representation, if legal entity or deceased individual; (ii) questions relating to the suitability of the User; (iii) outstanding claims; (iv) Pending transactions, in process or not yet settled, (v) any payment obligations linked to the Account that are pending, such as, but not limited to, debts to Mercado Pago and/or any company of the Mercado Libre group.
1.3. Account Usage
1.3.1 The User may, at the sole discretion of Mercado Pago, obtain a Professional Account, in case he/she meets the requirements that Mercado Pago Mercado Pago considers pertinent to obtain it.
22.214.171.124 The User is aware and authorizes Mercado Pago to charge from its Account the costs and fees arising from each transaction in the Account, according to the table of costs and fees and in the terms of clause 2.10 below.
1.3.2 In any modality, the Account is personal and non-transferable, being attributed to a single User, except as expressly authorized in these Terms and Conditions. The User may not allow the use of his/her Account by any third party, except, exceptionally, in the case of linked accounts (view the Linked Account Terms and Conditions).
1.3.3 Deadlines for the availability of payments. Payments credited to the User Account will be available according to the terms and conditions described here.
126.96.36.199 If the User that made the payment informs that the Transaction did not go through, a complaint will automatically be initiated in accordance with the complaint settlement mechanism established by the Mercado Pago and the payment will remain blocked until the resolution of such claim, if there is balance in the Account of the User Receiver, according to the rules and deadlines provided in the FAQ. If the problem with the Transaction is not resolved with the complaint, the Paying User may also initiate a mediation procedure with the intervention of Mercado Pago.
188.8.131.52 Payments made and Account balances may be totally or partially blocked, at Mercado Mercado's discretion, for the following reasons: (i) for risks of lawsuits, pending claims of Paying Users or for debts of any nature against Mercado Pago, directly or as a collection agent or against any company of the Mercado Libre group; (ii) the occurrence of chargebacks, including as a guarantee to cover potential damages to Mercado Pago, including but not limited to any fines applied by the card brands and card issuers; (iii) in case of suspicion of irregularity, fraud or any other act contrary to the provisions of these Terms and Conditions; (iv) questions regarding the User's suitability or registration information; (v) in case of opening of a new Account under the same ownership of the User or in the name of third parties, where it is suspected that the purpose of such new Account is to fraud creditors and/or circumvent these Terms and Conditions; (vi) illegality of the Transactions carried out; and/or (vii) by court order or by order of police authority.
184.108.40.206 The amounts eventually blocked as a result of irregular practices or the above reasons may be withdrawn from the Account and used by Mercado Pago to comply with a court order for compensation of any costs, expenses or damages caused to Mercado Pago or third parties.
220.127.116.11 If there is not enough balance in the Account, Mercado Mercado may use the collection mechanisms necessary for the compensation indicated above, including, in regards to future balances, without prejudice to the adoption of appropriate administrative and/or judicial measures, including, protest.
18.104.22.168 Mercado Pago may cancel and/or reverse a withdrawal Transaction from User Account to Bank Account(s) in case of suspicion of irregularity, fraud or any other act of the User contrary to the provisions of these Terms and Conditions.
22.214.171.124 In addition, Mercado Pago may suspend, limit access or permanently cancel the registration and the User Account.
126.96.36.199 Transactions carried out by Mercado Pago will generate electronic vouchers with the identification of the User Receiver, and those paid with a credit card will be identified in the cardholder's invoice by "MercadoPago", "Mercado Pago", or any other expression that may identify Mercado Pago , followed by the identification of transaction type or the User Receiver, as the case may be.
188.8.131.52 In order to facilitate the recognition of the Transaction by the Paying Users and avoid cancellations, the Receiving Users must register in their Account, at any moment, the name of their business, their name or their DBA name, which will be to identify the transactions in its electronic vouchers, and in the Paying User credit card bills. It is expressly forbidden to the User Receiver, under penalty of suspension or limitation of access and use of the Account, to register and use (i) a term or expression that makes it difficult or impossible to be identified, (ii) trademark that does not have ownership or license for use; or (iii) any other term or expression not related to its corporate name or its DBA name.
1.3.4 The User must pay attention to the display of the security certificate on each page of Mercado Pago when Transactions are performed, and in no case can hold Mercado Pago responsible for consequences arising from non-compliance with this security rule.
1.3.5 The information on the Transactions carried out by the Mercado Pago Platform, as well as the movements in the Account must always be checked by the User through the Mercado Pago Platform, upon the user's login and password. Mercado Pago and the other companies of the Mercado Libre group are not responsible for the receipt of false emails sent by third parties to the Users without any direct relation with Mercado Pago and/or the Mercado Libre group companies, ALWAYS recommending verification of any information directly on the Mercado Pago Platform.
184.108.40.206 The Receiving User shall only send the product or provide the service to the Paying User after verifying in its Mercado Pago Platform Account the actual proof of the credit by the Paying User of the amounts related to the product or service object of the Transaction. Only upon verification by the Receiving User that the amounts are actually credited to your Account, even if not made available for free movement, should it send the product or provide the service to the Paying User.
220.127.116.11 The Receiving User who sends the product or provides the service without first checking in his Account if the Paying User has credited the value of the product/service in their Account, will fully assume the risk of non-payment of the product/service by the Paying User, exempting Mercado Pago and the Mercado Libre group companies of any responsibility in this regard.
18.104.22.168 The Paying and Receiving Users are aware and agree that in order to verify the availability of the amounts in their respective Account, they must always access the Mercado Pago Platform at www.mercadopago.com.br or by the mobile application, entering their login and password, being that it is not enough to receive emails to prove the existence of these amounts.
22.214.171.124 Products should only be sent when, in the Receiving User's Account, the amount sent by the Paying User shows as "approved" and is enough to send the product.
1.3.6 Users may also send funds from their Account balance directly to another User's Account, and such resources shall be available for use by the Receiving User within the time limit set forth in the FAQ.
1.3.7 The Transactions performed by Mercado pago will generate electronic vouchers identifying the User.
1.4. Virtual Card
1.4.1. With the opening of your Mercado Pago Account and with the completion of the registration, on the Home Page or the “Cards” tab of the Mercado Pago app, the User will be able to enable a Visa virtual prepaid card with a credit function for exclusive use in national and international transactions on the internet ( "Virtual Card"). The virtual card is completely free and your data and transaction history can be consulted at any time on the Mercado Pago app under the Account "Activity". The use of the Virtual Card must comply with the rules provided for in these Terms and Conditions.
1.4.2. The Virtual Card cannot be used to make purchases in installments and the total amount of each purchase will be fully debited from the Balance Available in the Account if the transaction is authorized and effectively concluded. If there is not enough available balance in the Account, the transaction will not be completed.
126.96.36.199. Likewise, if the transaction, for any reason, is not completed, the amount will automatically be canceled to the User Account and will be available for use again. Although there was a cancelation, as this transaction was made by the User, it can still be confirmed by the merchant. If confirmation occurs and the canceled credit has been used, the amount will be discounted again from the Available Balance in the User Account.
1.4.3. Only the use of the Virtual Card in the international function (purchases in Brazil on a foreign website) will be subject to the payment of applicable taxes on the transaction, and must also be subject to the applicable legal rules. The value of the taxes will be deducted from the Available Balance of the User at the moment the international transaction was made, according to values described in the Mercado Pago Table of Fees, and if there is not enough balance in the Account for the payment of the international transaction, plus the applicable taxes, the international transaction will not be completed. The exchange rate will be applied according to market criteria or fluctuations and in accordance with current legislation.
1.4.4. Mercado Pago is not responsible for the eventual restriction of establishments to the use of the Virtual Card, for whatever reason, including due to certain purchases, the quality, quantity or defects of goods and/or services purchased or any differences in price. Any complaint related to non-acceptance and/or products or services purchased must be directed exclusively to the establishment.
1.4.5. The amount of expenses resulting from the use of the Virtual Card, and other amounts eventually due, as well as the Available Balance can be tracked, at any time, by consulting the latest entries made, available in the "Activity" menu on the User Account on the app or web page.
1.4.6. If the User wishes to request the cancelation of any transaction made with the Virtual Card, due to commercial disagreement or for not recognizing the transaction, the User must inform Mercado Pago within up to 120 (one hundred and twenty) calendar days from the date of the transaction, to dispute it via app, under penalty of losing the right to chargeback. Mercado Pago, at its sole discretion, may request information and/or documentation to support the cancelation request.
1.4.7. Mercado Pago will analyze the merits of the chargeback, within up to 45 (forty-five) consecutive days, counted from the effective receipt of the dispute. In the event the chargeback is upheld, Mercado Pago will reverse the transaction and the amount will be credited to the User Account within 60 (sixty) days.
1.4.8. The User will be solely and exclusively responsible to Mercado Pago and any third parties for the use of the Virtual Card, including not being able, in any way, to authorize its use by any third party or communicate the card details, ensuring the correct use of the Card Virtual, which is, for all purposes, personal and non-transferable.
1.4.9. As soon as the User becomes aware of possible fraud related to the use of the Virtual Card or if there are indications or suspicion of improper use of the Virtual Card, the User must block his current Virtual Card in the Mercado Pago app and generate a new Virtual Card, subject to regarding the incidence of reissue fees that may be charged to the User, being certain that until the cancelation is requested, the User will remain solely responsible for the use of the Virtual Card.
1.4.10. The use of the Virtual Card may be interrupted in the following situations: (i) request for cancelation or blockage by the User for any reason; (ii) communication of eventual fraud by the User to Mercado Pago, which may also cause the User Account to be blocked until the case is finalized, as the case may be; (iii) cancelation or blockage due to a judicial requirement, from the Banco Central do Brasil (Central Bank of Brazil) or any other competent governmental body, due to the supervening of new rules, illegal use or not in accordance with the rules currently in force; (iv) by Mercado Pago if it verifies non-standard use transactions; and (v) expiration of the period of validity indicated on the Virtual Card.
2. Provision of Payment Services
2.1 General Rules
2.1.1 Mercado Pago reserves the right not to process Transactions that: (i) contain incomplete, contradictory or invalid details; (ii) Mercado Pago, at its sole discretion, considers to involve some risk; (ii) are in disagreement with these Terms and Conditions; or (iv) are not authorized by the bank or the creditor or issuer of credit or debit cards.
2.1.2 Pago Mercado will not be responsible for erroneous or incomplete orders, instructions and/or transactions caused by: (i) email typo; (ii) erroneous or incomplete information of the User Receiver, of the payment transaction and/or of any other details provided by the Paying User; (iii) object that is unlawful or in violation of the Terms and Conditions.
2.1.3 The User is the sole responsible for the payment, collection and/or retention of federal, state and municipal taxes owed due to any Transaction. The User recognizes that Mercado Pago does not have any relation with the object of the Transactions, and must keep it indene from any obligations, especially those of tax and fiscal nature.
2.2. Allocation of Funds in the Account
2.2.1 In order to carry out a Transaction, the User must make the prepayment of Electronic Currency in the Account, by means of:
(i) Settlement of sales transactions intermediated by the Mercado Pago tool, resulting from QR Code payments, Credit Cards, Boleto;
(ii) Issue and payment of Boleto, not linked to a purchase transaction;
(iii) Transfer between Mercado Pago Accounts (with the use of account balance or with Credit Cards); and
(iv) Mercado Livre Gift Card, being that after the redemption, the corresponding value of each card is credited in Electronic Currency in the Cardholder User Account, according to the Terms and Conditions of the Gift Card available on the Mercado Livre website.
2.2.2 Mercado Pago may, at its sole discretion and at any time, change the sources of funds contributed to the Account.
2.2.3 The issuance of Boletos from a User's Account is permitted exclusively for the provision of Electronic Currency in the Account, for later use. Except for the Boletos automatically issued by the Mercado Pago platform when a Paying User chooses to pay a Purchase Transaction via Boleto intermediated by Mercado Pago, it is expressly forbidden to issue Boletos from the User Account for the collection of another User or any third party or for payment for services, purchase transactions and/or debts of any nature, which have not been originated and intermediated by the Mercado Pago platform, being expressly prohibited the issuance of Boletos for various purposes against Mercado Pago, any of its Users and/or third parties.
2.2.4 Mercado Pago is not responsible for Boletos sent by mail, email, SMS, Whatsapp, and/or by other electronic means, which have not been issued by the Paying Users themselves. Mercado Pago does not guarantee the return of any amounts paid by Boletos issued in disagreement with these Terms and Conditions.
2.3 Use of Funds in the Account
2.3.1 The User may (i) at any time withdraw all or part of the balance available in their Account; or (ii) keep the Electronic Currency in the Account for use in other transactions through the Mercado Pago Platform itself.
2.3.2. The withdrawal of funds from the Account may be carried out by:
(i) Transfer to another Account;
(ii) Withdrawal to the Bank Account indicated by the User, which may occur within one (1) business day subsequent to the withdrawal request;
(ii) Payments of utility bills from utility concessionaires, bank Boletos and barcoded taxes;
(iii) Use of the Account balance for the acquisition of goods and services, offered directly on the Mercado Pago platforms, such as: prepaid cellular recharge, acquisition of Zona Azul credit, reload of Bilhete Único, virtual gift cards, among others;
(iv) Use of Account balance for the acquisition of goods and services in establishments that use the Mercado Pago platform as payment solution;
(v) Use of Account balance through the Cartão Mercado Pago for: (a) payment of goods and/or services at any establishment accredited to the MasterCard arrangement; or (b) cash withdrawals at Caixa Econômica Federal lottery networks and/or Banco24Horas ATMs (TecBan).
2.3.3 In no event will Mercado Pago authorize withdrawals of Electronic Currency from the Account by means of checks or any other not indicated above.
2.3.4 Costs arising from the withdrawal to the Bank Account shall be borne by the User as specified in the withdrawal fees.
2.3.5 In the event that the Bank, at its sole discretion, refuses to receive the funds, this will be informed to the User in his/her Account (with the appropriate withdrawal fee still being charged), who may resolve the situation with said Bank or request a new withdrawal.
2.3.6 In order to comply with the rules of the Central Bank (Circular No. 3926, published on January 31, 2019, which amends Circular No. 3.924, dated December 19, 2018), Mercado Pago may make available the receivables schedule, if any, of its users final beneficiaries: a) the financial institutions with which these Users have entered into credit operations guaranteed by these financial assets; or b) any financial institution, upon expressed request from such Users. In order to do so, the User must send prior and expressed approval of the availability of his/her schedule by email to Mercado Pago:email@example.com.
2.4 Transactions with QR Code
2.4.1 Transactions can even be made by scanning a QR Code at merchants accepting Mercado Pago as a form of payment. The Paying User act of scanning the QR Code of an establishment will ensure that payment for the transaction will be directed to the Receiving User Account, and the amount to be paid may automatically appear in the mobile application if the QR Code is integrated with the receiving user's establishment management system; otherwise, it will be up to the Paying User to enter in the app the amount to be paid after scanning the QR Code and the Receiving User is responsible for confirming the amount entered and the execution of the Transaction.
2.4.2 The QR Code will have the form defined by Mercado Pago and must be visibly available in the establishment of the Receiving User. Under no circumstances may the QR Code be modified by the Receiving User. Mercado Pago will not be responsible for any improper modification of the QR Code, nor will it be responsible for any damages or losses caused to Users and/or third parties resulting from such improper modification or misuse of the QR Code.
2.4.3 The QR Code may or may not be integrated into the Receiving User's establishment management system, and the integration may allow the Paying User, when scanning the QR Code, to display the amount to be paid in their application on their mobile phone; otherwise, it will be up to the Paying User to enter the amount to be paid in the application after scanning the QR Code. Mercado Pago will not be responsible for the incorrect entry of the amount by the Paying User upon payment by QR Code to the Receiving User.
188.8.131.52 After scanning the QR Code and confirming the amount to be paid, the Paying User should choose the payment method that is most convenient.
184.108.40.206 When the Transaction is made via QR Code and the Paying User chooses to pay by credit to their Account made with a registered credit card, the payment will be made with the Paying User’s preferred credit card.
2.4.4 Transactions carried out using QR Code will be subject to the Seller Protection Program (SPP), provided that the QR Code is used only in person, for example: door to door, in stores or physical stores.
220.127.116.11 It is the duty of the Receiving User to verify the amount paid by the Paying User at the time of payment. The Seller Protection Program (SPP) does not cover incorrect and/or lower amounts entered by the Paying User at the time of payment with QR Code.
2.4.5 The Receiving User declares and warrants that they will not make the QR Code available as a form of payment on the Mercado Livre platform (www.mercadolivre.com.br), under penalty of suspension and/or temporary or permanent cancellation of the Receiving User registration.
18.104.22.168 In addition to the penalties provided herein, Mercado Pago may also debit the equivalent sales fee of Mercado Livre from the Receiving User’s Mercado Pago Paid if the QR Code is made available as a payment method on the Mercado Livre platform. In this event, the Receiving User will not be covered by the Seller Protection Program.
2.4.6 Payment transactions performed using a QR Code are not covered by the Guaranteed Purchase.
2.5 Bill Payment Service
2.5.1 The User may use Mercado Pago Payment Services for the payment of utility bills, barcode taxes and bank Boletos (simply referred to as “Securities”).
2.5.2 The Transaction to be performed by the User on the Mercado Pago platform shall detail the instructions and information regarding the security to be paid. The User assumes full responsibility for the instructions and information detailed, relieving Mercado Pago of any responsibilities in this regard, including the suitability and veracity of the securities to be paid.
2.5.3 For the security payment to be made on the same day of the Transaction, the Transactions must be formalized by the User by 10pm (ten o’clock at night), making it clear that Mercado pago will only provide the Payment Services if the securities due dates are observed. Notwithstanding, the User hereby assumes full responsibility for a security payment eventually made through Mercado Pago by means of a Transaction made by the User after the respective maturity date, in the event of such payment being reversed, relieving Mercado Pago of any responsibilities in this regard.
2.5.4 Transactions for payment of Securities made by the User on weekends (Saturdays and Sundays) and non-business days will be deemed to be made on the following business day.
2.5.5 In the event that the User chooses to pay by credit in their Account with a registered credit card, the Transaction will only be performed by Mercado Pago if the transaction is duly authorized by the card issuer.
2.5.6 Once the payment has been made, the User may print the respective payment receipt from the Mercado Pago platform. Information regarding payments made will be detailed on the User Account statement.
2.5.7 In the event of any minor discrepancy found in the payment, the User hereby authorizes Mercado pago to discount the difference over any balance in his/her Account. In the absence of any balance, the User hereby undertakes to provide the necessary funds in his/her Account to settle this difference.
2.5.8 In case of overpayment or double payment, the User shall contact the transferor of the security in order to request reimbursement of the amount due.
2.5.9 Mercado Pago reserves the right to determine the maximum amount of Securities payments that can be made at no additional charge. You can review the bill payment service fees.
2.5.10 The User declares to be aware that the Securities Payment Services here treated involve the use of financial services provided by a particular financial institution to Mercado Pagot. In this sense, the User hereby exempts Mercado Pago from any losses that may be caused and/or liabilities that may arise from problems in the operating and technological systems of the said financial institution.
2.6 Provision of International Payment Services
2.6.1 For International Payment Transactions, where the Paying or Receiving User is located/headquartered outside Brazil, Mercado Pago will act as the international collection agent and agent of the parties to mediate the International Payment Transaction.
2.6.2 International Paying Users (Buyers) and Receiving Users (Sellers) authorize: (i) International shipping to Meli Technology, Inc., headquartered at 455 Capitol Mall Ste 217, Sacramento, CA 96814, a company incorporated in accordance with the applicable laws from the state of California, United States (“MTI”); or to Mercado Pago International, LLC, headquartered at 251 Little Falls Drive, Wilmington, DE 19808, New Castle County, USA, incorporated under the laws of the state of Delaware, United States; or to any other company of the Mercado Libre group or partner, including headquartered outside the country and/or directly to the International Payment Transaction creditor; (ii) Mercado Pago to represent the parties before the commercial bank that will formalize the corresponding exchange contracts; (iii) the withhold of IOF and Withheld Income Tax and expenses for the closing of the corresponding exchange rate.
2.6.3 International Paying and Receiving Users are responsible for (i) the presentation of all documents and information necessary to prove the legality and economic justification of the respective payment remittance, if necessary, (ii) the declaration and collection of taxes on the importation and/or exportation of goods and/or services that may be acquired or sold, as well as for the fulfillment of all accessory obligations and instrumental duties required by the Treasury Administration.
2.6.4 Mercado Pago will not be responsible and shall not be liable under any circumstances for the taxes that the International Paying and Receiving Users, due to ignorance or any other reason, are required to pay to the Treasury Administration as a result of the International Payment Transaction.
2.6.5 When conducting an International Payment Transaction, International Paying and Receiving Users grant Mercado Pago and any Mercado Libre group company specific powers to contract the foreign exchange transaction in accordance with the applicable law.
2.6.6 Settlement of the International Payment Transaction will always occur in local currency.
2.7. Payment Tools for Electronic Websites
2.7.1 In order to facilitate Transactions by Users, Mercado Pago will make available viewing and configuration options to a Receiving User wishing to enter Mercado Pago Payment Services as a Payment Tool on their own website, as well as providing a payment consultation tool that makes it possible to view/confirm (among other information) the status and amount of any and all Transactions made on the website using the Mercado Pago Payment Services.
2.7.2 After registering with Mercado Pago, the User may insert in their website the Payment Tools provided by Mercado Pago, containing the necessary parameters to direct visitors from the User's electronic website to the Mercado Pago platform. Payment Tools provided by Mercado Pago may have various presentations and configurations as provided by Mercado Pago and may never be modified by the User. Mercado Pago reserves the right to periodically update or modify the content and/or appearance of these tools and URLs (web addresses) where the codes are directed. Mercado Pago shall not be liable for damages or damages caused to Users and third parties arising from the misuse of Payment Tools or the inadequacy of these tools to the User's website.
2.7.3 Notwithstanding the other provisions of these General Terms and Conditions, Payment Tools may not be used on any website that offers any of the products/services described in the prohibited product policy in these Terms and Conditions.
2.7.4 The User will be solely and exclusively responsible for the contents of their website. If one or more Users or any third party submits any type of claim, judicial, administrative or extrajudicial action against Mercado Pago, its shareholders, controllers, subsidiaries, affiliates or subsidiaries, employees, directors, officers and representatives, as a result of the use of the Payment on a User's website, it will be responsible for such demands, maintaining Mercado Pago and its shareholders, controllers, subsidiaries, branches or subsidiaries, employees, directors, officers, representatives and attorneys free and indene of any responsibility, direct and indirect, including indemnities, lost profits, attorney's fees, fines and other legal and extrajudicial charges arising from such claim or action.
2.7.5 The User shall also, whenever requested by Mercado Pago, inform the tracking code of the product in the Mercado Pago platform.
2.8 Cancelation and Chargeback (debit dispute)
2.8.1 Cancellation. Mercado Pago may cancel a Transaction whenever it finds that the Transaction: (i) has been invalidated by the Paying User's bank; (ii) was incorrectly processed by Mercado Pago, (iii) the Paying User was not authorized to submit it, whether for fraud or any other reason, (iv) stems from Prohibited Transactions or any transaction not in accordance with these Terms and Conditions, or (v) in case of suspected fraud or any irregularity.
2.8.2 Chargeback. If the Paying User has made a Chargeback over the amounts involved in the Transaction after submission, these amounts will be deducted and debited from the Receiving User Account, unless the Receiving User is covered by the Seller Protection Program or the Paying User Account, in the cases where the Chargeback is improper, or in any other Account held by the User responsible for the chargeback or on behalf of third parties, where it is suspected that the purpose of such new Account is to defraud creditors and/or circumvent the Terms and Conditions. As a result, the User expressly authorizes Mercado Pago to withhold from its Account the Electronic Currency balance required to cover the cancellation, reversal or Chargeback, where applicable. If there is no sufficient balance in the Account, Mercado Pago is authorized to withhold such amounts from any future cash inflows into the Account until the amount due for the cancellation, reversal or Chargeback is cleared.
2.8.2 If the User fails to make the payment corresponding to the Chargeback, cancellation or reversal, Mercado Pago may: (i) impose a fine corresponding to two percent (2%) of the amount due, in addition to the one percent (1%) late payment fee per month; (ii) forward the User's debt to external collection agencies for negotiation and/or judicial or extrajudicial collection; and (iv) report User’s delinquency to credit protection agencies and entities.
2.8.3 The User shall, when requested by Mercado Pago, provide documentation regarding the Chargeback, cancellation or reversal Transaction within a maximum of ten (10) calendar days from the submission of the request by Mercado Pago. In cases of request to the Receiving User, to find out what documentation to present in each case, please refer to the Seller Protection Program (SPP).
2.8.4 To contest the Chargeback, cancellation or reversal, the User must gather evidence to endorse and confirm their report. Providing such documents will not imply that the amount will be credited back to the Account.
22.214.171.124 If it is found that the Chargeback was improper, the Paying User will be obliged to pay the corresponding Transaction to Mercado Pago and/or to third parties, under penalty of the adoption, by Mercado Pago, of judicial or extrajudicial measures that it deems pertinent to recover the amounts involved in the Transaction object of the improper Chargeback, including being able to communicate this delinquency of the Paying User to credit protection agencies and entities.
2.8.5 In the event of a reversal, cancellation or Chargeback, the Receiving User may be liable to Mercado Pago for the amount involved in the Transaction, plus any other related costs or expenses. Mercado Pago may initiate any judicial or extrajudicial measures it deems pertinent to recover the amounts involved in the Chargeback Transaction, which is not reimbursed by the Receiving User within the term set forth herein.
2.8.6 The Receiving User shall be liable for any reversal, cancellation or Chargeback originated by Transactions made with MPOS - Mercado Pago Point machines, related to defective delivered products, commercial disagreement, digital and intangible goods such as music, discount coupons, virtual games, downloadable products, Software as a Service (SaaS services), mobile credit/recharges, as well as any other goods or assets that are not physically delivered to the Paying User. In the event of a cancellation, reversal or Chargeback regarding the situations described in this clause such amounts will be discounted or debited directly from the Receiving User's account as described in item 2.8.1.
2.8.7 Any consequences arising from the non-delivery of the product and/or non-rendering of services shall be the sole responsibility of the Receiving User and may not be transferred to Mercado Pago under any circumstances.
2.8.8 If it identifies excessive levels of chargeback from its Users, whether Payer or Receiver, Mercado Pago may, among other measures: (i) freeze all or part of the User Account amounts, as a guarantee to cover potential damages to Mercado Pago, including, but not limited to, any fines imposed by card issuers/accreditors; and (ii) permanently suspend or disable the User.
2.8.9 Amounts eventually blocked due to excess chargebacks may be used as compensation by Mercado Pago to reimburse any costs, expenses or damages caused to it.
2.9. Obrigação de preservação de documentos
2.9.1 Receiving Users undertake to keep in their possession, for at least one (1) year, the documentation that proves the delivery of the paid products or services through the use of the Mercado Pago platform at the exact address registered in the Mercado Pago tool in the address field for product and/or service delivery. Vouchers can be: Invoice (Nota Fiscal) on behalf of the Paying User, Notice of Postal Receipt (AR), or proof of delivery of the carrier with signature of the recipient, among others. Proof of delivery that does not contain the recipient's signature will not be sufficient in cases where receipt of the product and/or service is the subject of a Claim.
2.9.2 Mercado Pago may request documents relating to a Transaction at any time, including any Claims regarding the receipt of goods/services.
2.10 Remuneration for Payment Services
2.10.1 The User accepts and agrees to pay Mercado Pago a fee for the use of each Payment Service (the "Service Fee") in accordance with the Service Fees in effect on the Mercado Pago platform. View the Service Fees.
2.10.2 By virtue of this, the User authorizes Mercado Pago to discount and withhold the Service Fee or any other amount due from the available balance and entered into their Account. In addition, the User authorizes Mercado Pago to discount and withhold from the available balance and informed in its Account any amount due to companies in the same economic group as Mercado Pago.
2.10.3 The User agrees and authorizes that any communications and notifications made by Mercado Pago related to the Service Fees, including for purposes of arrears or changes in the rates, shall be made by telephone, or in writing, by correspondence, by email, SMS, Whatsapp, and/or other electronic means available, in accordance with the User information previously registered on the Mercado Pago platform, without prejudice to any communications by letter, at the sole discretion of Mercado Pago.
3. Mercado Pago Obligations
3.1 Mercado Pago undertakes to follow the instructions received from the User to effect the Transactions. By signing up for Mercado Pago and maintaining an active Account, the User agrees, accepts and authorizes the receipt of money that other Users timely send to their Account and for the applicable Mercado Pago Service Fees to be debited.
3.2 Mercado Pago may determine a maximum amount for the Transactions, which may vary according to the payment method chosen, Transaction type or other criteria set by Mercado Pago. These criteria may be modified at any time by Mercado Pago, and their publication on the Mercado Pago platform will be sufficient to enter into force. In turn, Mercado Pago may also set minimum and maximum limits for User credit and withdrawal, in accordance with the provisions of item 2.3.2 of these General Terms and Conditions.
3.3 The display of the User Account balance will take place as soon as Mercado Pago confirms the deposit of funds or the Transaction. View the Payment Methods authorized to operate.
3.4 Mercado Pago will use its best endeavors to ensure compliance with the terms set forth in these General Terms and Conditions. Nevertheless, the User is aware that due to certain external factors beyond Mercado Pago’s control, delays may occur, which is why the User exempts Mercado Pago from any liability arising from any inconvenience or loss.
3.5 The User acknowledges that he/she is subject to the risks of the instability of the worldwide computer network, and Mercado Pago cannot be held responsible for any failure to provide services due to interruptions or delays due to failures in the worldwide computer network that may prevent or hinder the sending and receiving of information.
3.6 Mercado Pago maintains the funds corresponding to the available Electronic Money balances of its corresponding User Accounts in Brazilian reais in accordance with applicable law, and such funds constitute separate assets and are not to be confused with the funds of Mercado Pago. Therefore, User resources (i) are not directly or indirectly responsible for any Mercado Pago obligations nor may they be subject to seizure, kidnapping, search and withholding or any other act of judicial restraint due to Mercado Pago liability debts; (ii) do not comprise the assets of Mercado Pago, for bankruptcy or judicial or extrajudicial liquidation purposes; and (iii) cannot be given as security for debts assumed by Mercado Pago.
3.6.1. Mercado Pago shall not be liable for any Transaction that is not effected as a result of intervention by the Central Bank or the insolvency of any Bank, Financial Institution.
3.7 Mercado Pago cannot be held responsible for unprocessed or declined money orders, suspended or canceled third party bank accounts.
4. General Conditions
4.1 User Statements: Notwithstanding the other provisions of these General Terms and Conditions, the User declares and warrants that Transactions made by him/her on the Mercado Pago platform will not be used for, but not limited to: (i) Violation of applicable law; (ii) Operating gambling, betting, etc .; (iv) Charges and payments of condominium fees; (v) Activities of trade union organizations; (vi) Activities of political organizations, except those authorized by law; (vii) Operating coin-operated personal service machines; (viii) Offering discount cards; (ix) Professional relocation services; (x) Trafficking weapons, persons, animals, etc .; (xi) Money laundering; (xii) Terrorism; (xiii) Pornography, prostitution or pedophilia; and/or (xiv) Any type of activity that may be considered fraudulent or illegal.
4.1.2 The User will not use Mercado Pago to perform any transaction that may be considered or construed as cash advance, self-financing, money laundering, loan or other similar forms as defined by Law, as well as any activity that is not in accordance with the Brazilian law.
4.1.3 If Mercado Pago considers, at its sole discretion, that there is suspicion or evidence of misuse of Mercado Pago for any activity prohibited by law or contrary to the provisions of these General Terms and Conditions, including if carried out on the User's website, and/or if it becomes aware of or suspect fraudulent behavior or that violates the image of Mercado Pago, its shareholders, controllers, subsidiaries, branches, employees, directors, officers, agents, Users and/or third parties, Mercado Pago may, without advance notice, refuse, cancel or suspend a Transaction, and (i) warn, suspend or otherwise temporarily or permanently disable access to and use of a User Account or its features; (ii) permanently cancel a User Account (in which case the User shall promptly request the withdrawal of any amount indicated on the User Account through the Contact Portal), without prejudice to the eventual legal or extrajudicial measures being eventually taken.
4.1.4 The User declares, for all due purposes and effects, the activities developed by him/her and the use of the Mercado Pago platform are carried out in strict compliance with the labor legislation related to occupational health and/or safety, including illegal, slave and/or child and/or forestry labor, directly or indirectly, and for discriminatory practices; as well as comply with all applicable legal and regulatory provisions, including the National Environmental Police and Environmental Crimes, and those emanating from the federal, state and/or municipal levels.
4.1.5 The User further declares that he/she complies and enforces, as well as its affiliates, shareholders, directors, officers, employees, agents and/or any subcontractors (“Related Persons”), all laws, rules, regulations and norms applicable, issued by any jurisdiction applicable to the User, dealing with acts of corruption, bribery and harmful acts against public administration, including, but not limited to, Law No. 12.846/13 (“Anti-Corruption Laws”); insofar as (i) maintains internal policies and procedures that ensure full compliance with Anti-Corruption Laws; (ii) give full knowledge of Anti-Corruption Laws to all professionals who may relate to the User, as applicable; (iii) refrain from engaging in any acts set forth in the Anti-Corruption Laws, in its interest or for its benefit, exclusive or otherwise; and (iv) if you become aware of any act or fact that violates the Anti-Corruption Laws, you will immediately notify Mercado Pago, which may take any action it deems necessary.
4.3 Mercado Pago is neither a financial institution nor an insurer: The Parties acknowledge that this engagement or any condition contained in these General Terms and Conditions does not imply the characterization of Mercado Pago as a financial institution or insurer. Mercado Pago does not provide any banking or currency exchange services to the User, nor any other private activity of financial institutions or insurance companies, or any other activities that are regulated or supervised by the Central Bank, the Securities Commission (CVM) or the Private Insurance Superintendence (Susep), for which Mercado Pago does not hold authorization and/or is in the process of authorization before the competent authority. The Parties acknowledge that Mercado Pago only offers a Payment Service at the User's expense in accordance with the conditions set forth in these General Terms and Conditions.
4.4 Returns: The available money held in the Mercado Pago User Account may automatically generate returns (“Returns”) on all working days, without any fees being charged, nor for the contribution and/or redemption of the money.
4.4.1 The User accepts and agrees that Mercado Pago will automatically invest the available balance in the Account in National Treasury securities, without prejudice to the User's right to cancel the Return product at any time, at his/her discretion.
4.4.2 The User may freely dispose of the balance available on his/her Account at any time, including that arising from Returns, and there is no restriction on the use of the balance available in whole or in part.
4.4.3 The Returns are subject to taxes and any costs that will be withheld by Mercado Pago prior to the availability of funds. The cash available will generate Returns every business day, the net amount of which (net of taxes) will be reported to the User through the Mercado Pago platform, and this information will be updated every business day.
4.4.4 Mercado Pago reserves the right to discontinue offering this Return product at any time.
4.5 Payment Processing: The User declares and acknowledges that the payment processing by Mercado Pago depends on the fulfillment of some procedures, such as risk analysis and bank compensation, depending on the means used. As a rule, payments by credit card or Account balance are processed faster than payments made by bank Boleto. Accordingly, Mercado Pago shall not be liable for any breaches of offer made by the Receiving User when payment processing occurs after the inventory of the advertised product has been sold out.
4.6 Security and Confidentiality of Personal Details: Mercado Pago will not sell, rent, or trade the personal information of Users to/with other companies. This data will be used to provide Payment Services in the ways and cases set forth in the Mercado Pago privacy policies. However, Mercado Pago may collect and disclose its users' registration data to third parties, including, but not limited to, members of the same economic group, business partners, financial institutions, authorities and individuals or companies (i) who claim have been injured by users; (ii) for the purpose of conducting internal studies, (iii) providing services to Mercado Pago and/or with trading partners for Mercado Pago business purposes, such as, but not limited to risk management, detecting illicit acts, sending personalized announcements, the joint offering of products or services, the analysis of statistical data, among others; (iv) provide value-added services that integrate within the Mercado Pago platform or through links to other websites to meet Payment Services needs of Users; (iv) with the objective of proposing commercial and promotional initiatives of Mercado Pago. For more information, vie the Mercado Pago Privacy Policies, which become an integral part of these General Terms and Conditions. All personal information will be transmitted via a secure web page, which protects and encrypts the information. Personal information will be stored on servers or magnetic media that maintain high security standards. You hereby give your express consent to Mercado Pago for the disclosure and sharing of your details as provided in this clause, which shall not constitute a breach of the duty of confidentiality under applicable law. Mercado Pago will use its best efforts to maintain the confidentiality and security of this section, but will not be liable for damages that may result from violations of these measures by third parties using public networks or the Internet to access this information. Exceptions to the provisions of this clause are circumstances where Mercado Pago partners with other companies to offer value-added services to its Users. Mercado Pago always stores its users' credit card details in encrypted form and in accordance with the PCI-DSS Standard. Mercado Pago does not store the credit card security code, so we will always ask you for this information for every payment you make on the platform, except in specific cases described in the Mercado Pago Terms and Conditions.
Mercado Pago is subject to Supplementary Law No. 105 of January 10, 2001, which provides for bank secrecy. As a result of such law, Mercado Pago will not share information about the Transactions and Payment Services performed by Mercado Pagot, except as provided by law or these Terms and Conditions.
The Users acknowledge and accept that Mercado Pago has access to the contact list of the mobile device used by it. Mercado Pago will use this information solely to locate and dial the mobile phone numbers and/or email addresses of other users and/or potential users. In turn, the Users acknowledge that they are authorized to share such information with Mercado Pago.
With respect to potential Users, Mercado Pago will not store names, addresses, bank details, RG or CPF numbers or other information that allows identifying a person. It will only store mobile phone numbers and email addresses.
The collection, storage and use by Mercado Pago of Users' personal information is performed in compliance with all applicable laws and regulations. Mercado Pago reserves the right to change the Mercado Pago Privacy Policies at any time to make it conform to business rules or new or emerging laws or regulations.
4.7 Sole responsibility of the User for their own operations: Because Mercado Pago does not appear as part of the purchase and sale negotiations for services and products that take place between the Paying and Receiving Users, all obligations arising from the purchase and sale, whether tax, labor, consumer or otherwise, will be of the Receiving User’s sole responsibility.
4.7.1 Once Mercado Pago has no relation to the obligation that gave rise to the Transaction, Mercado Pago will not be responsible, nor will it verify the causes, price or any other circumstance regarding such Transaction, nor with respect to the existence , quality, quantity, operation, status, integrity or legitimacy of the goods or services offered, acquired or disposed of by the Users and paid using Mercado Pago, as well as of the Users' ability to contract and the accuracy of the personal details entered by them.
4.7.2 Thus, the Receiving User declares and acknowledges that in the event that Mercado Pago and/or any group company is sued or has a complaint from the consumer protection agencies against them, the amounts relating to the convictions, settlements, procedural expenses and attorney's fees paid by the company will be the responsibility of the Receiving User who gave the cause, also authorizing the withdrawal of the respective amounts from their Mercado Pago Account.
4.7.3 The User acknowledges and agrees that in conducting Transactions with other Users or third parties they do so at their own discretion, consenting freely and at their own risk and responsibility. In no event shall Mercado Pago be liable for lost profits, or for any other damage and/or injury that may be suffered by the User due to transactions performed or not through the mercado Pago platform. If one or more Users, or any third party, initiates any type of claim, lawsuit or extrajudicial action against another User(s), these Users will exempt and maintain indene Mercado Pago, other companies of its economic group and its members, respective directors, managers, employees, contractors, agents, representatives, attorneys-in-fact of any and all responsibilities. Users have a period of sixty (60) days from purchase to initiate a claim against other User(s). Once this period has expired, it will not be possible to initiate a complaint through the Mercado Pago website.
126.96.36.199. Certain Transactions may be covered by the Guaranteed Purchase Program if the requirements for such coverage are observed and met, including the time limit for filing a claim.
4.8 Transactions Related to Prohibited Products: If Mercado Pago becomes aware of the use of Payment Services in transactions involving Prohibited Products (pursuant to the "Prohibited Products" attachment), it may cancel this transaction by returning the amounts to Paying Users and may suspend the Users’ Account involved.
4.9 Independent Contractors: The Parties declare to be independent contractors with no corporate or business relationship other than as set forth in these General Terms and Conditions, and each party will keep the other free and indemnified for any claim arising from tax, labor or social security obligations that are of their responsibility. Neither Party shall mislead any person as independent of the other, nor shall it bind the other party to any third party. The breach of this obligation by the User will authorize Mercado Pago to disable the registration and/or the User Account, without prejudice to any judicial or extrajudicial measures that it deems appropriate.
4.10 Limitation of Liability for the Service and/or through the Platform: Mercado Pago does not guarantee the completion of any Transaction between Users and has no control over the products or services purchased using the Mercado Pago Payment Services. Mercado Pago does not guarantee continued or uninterrupted access and use of the Platform, Payment Services or Payment Tools. The system may eventually be unavailable due to technical difficulties or Internet outages, system disruption or downtime, links or Payment Tools or any other circumstance outside Mercado Pago or its trading partners, which may invalidate or cancel the trade performed. Users will NOT be able to hold Mercado Pago responsible, or claim any compensation, due to damages resulting from the mentioned difficulties, as well as for any other type of damage arising from the provisions of this clause.
4.11 Limited License: All Intellectual Property rights in the Platform, the Payment Tools and their codes, the development, the computer programs, equipment, domains, logos, designs, structure, content, information, etc. are owned by Mercado Pago and/or its parent companies, subsidiaries, affiliates or subsidiaries. In no case shall it be understood that the User has any rights to them, regardless of the rights conferred on the use of the tools that Mercado Pago makes available to the User. Mercado Pago only authorizes the User to make use of its Intellectual Property rights, with respect to the Payment Tools made available to the User to carry out the activities derived from these General Terms and Conditions on its website, making direct relation to the Mercado Pago Payment Services. Any other use of such Mercado Pago Intellectual Property rights is strictly prohibited, including with respect to reverse engineering involving the available software. Subject to such limitations, Mercado pago grants you a free, non-exclusive, revocable license at any time for use of the Payment Tools pursuant to these General Terms and Conditions.
4.12 Modifications to the General Terms and Conditions: Mercado Pago may at any time, without notice, modify these General Terms and Conditions. Mercado Pago will notify changes to the User by posting an updated version of these General Terms and Conditions on the Mercado Pago platform, stating the date of the last modification and by communication sent to the User's primary email address (which chooses for receiving this type of email communication upon adhering to these General Terms and Conditions). The updated version of the General Terms and Conditions will be effective in accordance with the deadlines set in the applicable legislation, at which time the User must contact Communication with Users, in case the the modifications are not accepted, in which case its contractual relationship will be deemed terminated, canceling its registration and/or respective Account. After this period, if the User continues to use the Mercado Pago Platform, the User will be deemed to have agreed to the new General Terms and Conditions and this document will continue to be binding on both Parties. The modified General Terms and Conditions shall apply to any Transaction subsequent to the communication to the User.
4.13 Termination of the contractual relationship between the parties: Mercado Pago and the User may, at any time during the term of these General Terms and Conditions, terminate it without the need to express any cause, which will result in the termination of the User Account and/or cancellation of your registration, but will not suspend the fulfillment of all Transactions already authorized by the User until the termination notice, as well as the maintenance of certain User data, as required by law. In order to exercise this option, it is necessary that the Party seeking termination of the contract does not owe the other or any third party involved in the transaction any obligation to be met. In addition, Mercado Pago may, if the User does not comply with the conditions of these General Terms and Conditions or applicable law, terminate the service without any prior notice, reserving the right to claim damages and losses caused by such non-compliance.
4.14 Registration of Transactions: The User irrevocably authorizes Mercado Pago or who Mercado Pago designates to record all User's transactions and/or telephone calls relating to the services provided by Mercado Pago, and to use such recordings as evidence before administrative or judicial authorities. Records issued by Mercado Pago will be considered sufficient proof of compliance with the Transactions, supersede the need for any receipt and are fully enforceable to the User.
4.15 Notifications: All notifications made to Users by Mercado Pago will be valid at the physical address or primary email address registered by them, by text message sent to the registered mobile number (SMS or Whatsapp).
4.16 Attachments: These are an integral and inseparable part of these General Terms and Conditions and are incorporated by reference into the following documents, which may be consulted within the Mercado Pago platform through the links provided below or directly accessing the corresponding pages:
4.17 Initiation of a Claim: A claim must be initiated within ten (10) days from the product delivery date, if different than expected, or within twenty-eight (28) days from the date of purchase, if the product is not delivered, so that the Paying User may be entitled to any benefit within the Guaranteed Purchase Program.
4.18 Settlement of disputes and right of regret: In the event of any conflict, the User shall seek a friendly settlement by making a Claim through the Contact Portal available at www.mercadopago.com.br. Mercado Pago provides a structure for the handling of complaints through the Mercado Livre website, free of charge to Users, and also counts with a mediation team, without cost, that, in addition to mediating disputes, can ultimately make a decision in regards to the amount involved in the transaction, since there is, in most cases, the need to release the amount in the Mercado Pago Account to the Receiving User or return it to the Paying User.
4.18.1 This structure aims to avoid the judicialization of disputes that eventually arise on the platform and, for this, Mercado Pago has entered into agreements and partnerships with authorities to promote and encourage a friendly settlement between the buyer and seller of the trade. Once the Guaranteed Purchase Program rules are complied with, especially regarding the deadline to submit the claim on the platform, the return of the negotiation amount is guaranteed.
4.18.2 For these reasons, Users undertake to use the platform tools (complaint/mediation) as the first means to resolve disputes arising from the Purchase and Sales Transactions conducted on the Mercado Livre website.
4.18.3 For transactions carried out on the Mercado Livre website, if the Receiving User receives a request for return or manifestation of right of regret within 7 days from the date of purchase or receipt of the product by the Paying User, the Receiving User shall accept the return request and bear all costs involved, as provided in the Consumer Protection Legislation and these General Terms and Conditions and in Article 7.2 of the Mercado Livre Terms and Conditions. Accordingly, Mercado Pago may charge these amounts to the Receiving User Account in Mercado Pago. If the shipment of the product was through the Mercado Envios tool, Mercado Livre may make labels available for the Receiving User to return the product to the Post Office and the corresponding amount will be deducted from the Receiving User Account. Even after 7 days, if the Receiving User does not respond to a claim or mediation, as well as in the event that the mediation ends in his/her detriment, the Receiving User will also bear the cost of the return shipping, and Mercado Pago may discount the due amount from their Mercado Pago Account.
4.18.4 Users will also be able to seek the settlement of consumer disputes through the service www.consumidor.gov.br, maintained by the National Consumer Secretariat (SENACON) of the Ministry of Justice and Public Safety, which is freely available to consumers across the country to prevent and reduce the number of legal disputes.
4.18.5 The fulfillment of the measures described above aims at the effective solution of the Users claim, or, in the event of not being resolved, may serve as an indication of resistance to their claim.
4.19 Service Channels: The User may contact Mercado Pago through the following channels:
Customer Service (SAC) - for information, questions or issues regarding Mercado Pago products or services, available 24/7:
0800 637 7246
Hearing or Speech Impaired:
0800 650 2121
Ombudsman - for unresolved demands in the Customer Service and other service channels.
0800 688 4365
Hearing or Speech Impaired:
0800 650 5656
4.20 Jurisdiction and Applicable Law: All items of these General Terms and Conditions are governed by the laws of the Federative Republic of Brazil. For all matters concerning the interpretation, compliance or any other questions related to these General Terms and Conditions, the Parties agree to submit to the District Court of São Paulo-SP, except for complaints submitted by Users that fall under the concept consumers, who may refer such claims to their home court.
4.20 Mailing Address: All requests, correspondence, notifications or requests for information should be sent to the Mercado Pago address at Av. das Nações Unidas, 3.003, Bonfim, Osasco/SP - CEP 06233-903.
5.1 Mercado Pago Payment Arrangements: These are the closed payment arrangements, purchase and transfer, domestic and cross-border, established by Mercado Pago pursuant to Law No 12.865, of October 9, 2013.
5.2 Chargeback: This is the procedure for contesting a Transaction whereby a User does not recognize, with the Issuing Bank of their Card, an expense incurred with his/her Card, the amount of which has been allocated to a Mercado Pago User's Account.
5.3 Bank Accounts: It is the checking or savings account held by individuals and/or legal entities in the National Financial System before any Bank legally incorporated in Brazil.
5.4 Account or Payment Account: It is the payment account, that is, registered account held on behalf of the End User of the Payment Services, individual or legal entity, used to receive and execute Transactions, within the scope of the Mercado Pago Payment Arrangements, created from Electronic Money, pursuant to these General Terms and Conditions, viewed and managed on the Mercado Pago platform through the address www.mercadopago.com.br and/or by a mobile application, which represents, illustratively, a User's money guarded by Mercado Pago and which may be used by the User as provided in these Terms and Conditions.
5.4.1 Personal Payment Account: It is the Account mode available automatically to any User, individual or legal entity, who opens their Account in compliance with the provisions of these General Terms and Conditions provided herein.
5.4.2 Professional Payment Account: It is the Payment Account that can only be obtained by meeting certain criteria defined by Mercado Pago.
5.9 Payment Tools: These are technological features contracted by the Receiving User that allow the use of Payment Services.
5.10 Electronic Currency: Means the features available on the Payment Account for the User's free use, which allow the User to make a Transaction.
5.11 Forbidden Transactions: It is any and all use of Payment Services for purposes contrary to Laws, treaties and regulations in force in Brazil and/or these General Terms and Conditions and other policies of use of the Mercado Pago platform.
5.12 Mercado Pago Platform: It is the means provided by Mercado Pago for access to the Account and Transactions, such as: the electronic address www.mercadopago.com.br or the applications owned by companies of the Mercado Libre group or MPOS machines - Mercado Pago Point.
5.13 Payment Services: These are the services provided by Mercado Pago to the User, whether Payer or Receiver of proceeds from a Transaction, by which Mercado Pago, acting as a payment institution, may (i) provide payment, contribution, transfer and/or withdrawal, pursuant to own or third party payment arrangements of funds held in Accounts, with the possibility of using such funds in the purchase of services and products; (ii) perform or facilitate payment instructions related or not to certain payment services, including transfer originating from or intended for the Account; (iii) manage Accounts held by individuals or companies; (iv) issue Electronic Currency and manage its use; (v) issue payment instruments; (vi) accredit and accept payment instruments and the use of Electronic Currency; (vii) execute remittance of funds; (viii) convert physical or book-entry currency to Electronic Currency, or vice versa; (ix) capture and settle financial settlement of payment transactions through Mercado Pago or third party systems; and/or (x) other activities related to the provision of payment services designated by the Central Bank of Brazil.
5.14 Service Fees: These are the amounts charged to the User as compensation as a result of each Payment Service provided by Mercado Pago.
5.15 Transactions: It means the act of paying, contributing, withdrawing or transferring, as appropriate, funds to or from the Account, for settlement of underlying obligations between Account Users or with third parties, or for transfers between unlinked Accounts for the settlement of obligations.
5.16 International Payment Transactions: It means the act of paying, or transferring funds for settlement of purchase transactions, whose seller and/or buyer is located abroad. Remittance and inflow transactions in respect of these transactions are performed by Mercado Pago in accordance with applicable law.
5.17 User: Any individual over the age of 18 or a legal entity able to enter into contracts under Brazilian Law who, through registration and/or a Mercado Pago Account and acceptance of these General Terms and Conditions, contracts the Mercado Pago Payment Services.
5.17.1 Receiving User: It is the User who, by reason of a Transaction made by a Paying User, intends to receive or collect money from their Account for goods and/or services offered to a Paying User.
5.17.2 Visitor User: It is the User who performs Transaction using the Mercado Pago Payment Services without being logged into an Account.
5.17.3 Paying User: It is the User who, through the Mercado Pago Payment Services, wishes to pay and/or send money to a Receiving User.