MercadoPago

Terms and Conditions of Use

Agreement Summary

To Mercado Pago Users,

Thank you for taking the time to read the Summary of Mercado Pago agreement.

This information will help you operate on our payment management service platform. It is very important that you know our policies, how we will protect your data and money, and therefore, you need to read and understand the Terms and conditions of use of Mercado Pago, as well as the provisionsthat enable the contract and the limitations of rights, set out here:

  1. Mercado Pago is a payment management service that can be used by Individuals (persons) and Legal Entities (companies), hereinafter referred to as “user”. To use Mercado Pago services, the user must necessarily open an account, providing its exact, precise and true information, including its e-mail address, physical address, individual or corporate tax registration number (“CPF/CNPJ”) and telephone number, and the user’s failure to fill the registration information out will result in: a) the refusal of payment management request by Mercado Pago; b) temporary or definitive suspension of Mercado Pago services.

  2. Minors under 18 years of age may neither sign up nor use Mercado Pago services, as well as any persons without legal capacity or those users who have been temporarily or definitively suspended from the Mercado Pago platform.

  3. The user is solely responsible for the registration information provided. Providing false or incorrect information may subject the user to civil, administrative and criminal liability, as set forth in the applicable legislation.

  4. The Mercado Pago password is personal and may not be transferred. In the event of an undue or unauthorized access attempt, the user shall inform Mercado Pago as soon as possible.

  5. When signing up with Mercado Pago, the user automatically creates an account (graphical account) with its user name that consists of a statement of the money held by Mercado Pago that may be used for the purchase of other products and services, forwarding of money or simply withdrawal. The Mercado Pago account is individual and non-transferable and must be used by a single User.

5.1 For the execution of a single transaction, the payment management service may be used by an “invited guest”, for which the User shall accept the General Terms and Conditions of Use, providing as identification its email address.

  1. In order to provide the payment management service, Mercado Pago shall exercise the capacity as attorney (representative) and comply with the requests made by the user, provided that the effective legislation and the rules set forth in the General Terms and Conditions of Use are complied with.

  2. Mercado Pago is not the supplier of any products or services purchased by the Users, but only the provider of payment management services.

  3. Provision of funds. The approved funds on the user account shall become available as of the twenty-first (21st) day after the payment has been approved.

  4. If the user wishes to use the money held on its Mercado Pago account to purchase a product or service, it shall hold an amount that is sufficient for that. If the funds available are insufficient the user’s request shall be denied.

  5. Always use the website www.mercadopago.com.br to inquire information concerning the funds and availability of money on your Mercado Pago account.

  6. The seller shall only send the product after making sure that the payment received from the buyer on Mercado Pago account was “Approved” by accessing My account > Receipts > My payments received > Approved.

  7. When selling a product through the service offered by Mercado Pago, the user represents that it has the product in stock.

  8. 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, financial loans or other similar forms as defined by law, other illegal activities or activities considered prohibited according to the General Terms and Conditions of Use. If any of those cases occurs, Mercado Pago may temporarily or definitively suspend the service and the user’s account.

Terms and Conditions of Use of Mercado Pago

These General Terms and Conditions are an agreement entered into by and between MercadoPago.com Representações Ltda., enrolled with the CNPJ/MF under No. 10.573.521/0001-91, with head office at Av. das Nações Unidas, No. 3.000, Bonfim, Osasco/SP - Zip Code (“CEP”) 06233-200, available at www.mercadopago.com.br (hereinafter referred to as “Mercado Pago”) and any person that meets all requirements of these General Terms and Conditions (hereinafter referred to as “User” or “Users”) and that wishes to hire the services offered by Mercado Pago.

The acceptance of these general terms and conditions is absolutely essential for the use of the services provided by Mercado Pago.

In these General Terms and Conditions, the rights and responsibilities of the Users and of Mercado Pago when using or providing the Payment Management Service, as defined in Item 1.30 of these General Terms and Conditions, are described.

The User shall read, understand and accept all conditions established in these General Terms and Conditions and other policies included by reference, before signing up as a Mercado Pago User.

When signing up for Mercado Pago, the User may use all services provided by the company of Mercado Livre group (including Mercado Livre, Mercado Ads and Mercado Shops), stating to this end that they have read, understood and accepted the corresponding Terms and Conditions of Use of each service that will, by reference, become part of these General Terms and Conditions.

1. Subject-matter

1.1. Account and password:

1.1.1 For the use of the Payment Management Service, the user shall set up its account for identification at Mercado Pago, in which it shall inform its registration information, including its email address. For the Individual user account on the Mercado Pago Platform, information such as address, CPF/MF, telephone number, among other information must be provided. For the Corporate user account on Mercado Pago platform, information such as address of the head offices, CNPJ/MF, Municipal Enrollment Number (if applicable) must be provided according to the applicable legislation.

1.1.1.1 The use of the Payment Management Services may also be performed by a Guest User in a single transaction, in which they shall provide its email address and also accept these General Terms and Conditions.

1.1.2 The Registration Information included in the form must be complete, and all mandatory fields must be filled out with exact, precise and true information, and the User is solely responsible for the information provided and undertakes to update such information whenever necessary, under penalty of (i) the refusal of Payment Management Requests; (ii) suspension of the services; (iii) suspension of the account (in which case the user shall immediately request the withdrawal of any money indicated on its graphical account through the Help session to its bank account); and/or (iv) civil, administrative and criminal liability in the form set forth by Law.

1.1.3. The User agrees to keep its passwords safe and secret, to the extent that Mercado Pago is under no circumstance responsible for any losses caused to the User or any third parties by the undue disclosure and use of such passwords. Therefore, the User shall be the sole responsible person for any transactions carried out on Mercado Pago and for any payment management requests from its account. The user undertakes to immediately notify Mercado Pago, by an appropriate and faithful means of communication, about any unauthorized use of its account, as well as about any unauthorized access or access attempts by third parties.

1.1.4 Mercado Pago has a SSL-EV web security certificate issued by the company Verisign, in order to ensure the security of all Mercado Pago Platform pages. The SSL-EV Certificate acts so that the address in the User’s browser displays the expression “https://” and, if a browser launched after 2007 (such as Internet Explorer 7 or Firefox 3) is used, the address bar will be shown in green color, which is indicative of the fact that all online transactions will be carried out in a certified environment. The User shall pay attention for the SSL-EV security certificate of Verisign on each of Mercado Pago pages, when performing transactions, and may under no circumstances hold Mercado Pago liable for the consequences arising from the failure to observe this security rule.

1.2. User’s Graphical account:

1.2.1 When setting up the account, the user will automatically have created a graphical account. The user may only have one of the two different graphical account types, namely: the personal graphical account or the professional graphical account, both defined in Section 6 of these General Terms and Conditions. In order to obtain a professional graphical account, the user states to be aware and agrees that Mercado Pago may demand the following requirements it deems applicable.

1.2.2 In any event, the graphical account is individual and non-transferable and is attributed to a single User. The User may not allow the use of its graphical account by any third parties, except cases of tied accounts (refer to the Terms and Conditions of Tied Accounts).

1.2.3 Payment Availability Times. Payments credited to the User’s Graphical account will be available in accordance with the following times and conditions:

i. As of the twenty-first (21st) day after the date of purchase of the product, if the purchase has been made by using Mercado Livre platform (www.mercadolivre.com.br), or as of the date in which the User who has made the payment confirms the realization of the transaction by qualifying it as materialized, whichever occurs first.

ii. In accordance with the rating of the Addressee User, the payments credited to the Graphical account may be available only as of the 21st day after the date of the credit on the User’s Graphical account, regardless of the qualification of the transaction as materialized by the Sending User. Check here for the conditions for the application of this clause.

iii. As of the fourteenth (14th) day after the date of credit on the User’s Graphical account, when the payments have been credited due to the transactions made outside Mercado Livre Platform.

iv. As of the second (2nd) day after the date of credit on the User’s Graphical account in the case of a Professional Graphical account, regardless of the payment motivation.

v. If the User opts to use Mercado Envios Delivery service, the payment availability deadlines of the Terms and Conditions from Mercado Envios prevail.

1.2.3.1 If the user who has made the payment informs that the transaction made by means of Mercado Livre platform has not been concluded, a complaint will automatically begin in accordance with the complaint settlement mechanism set forth by Mercado Pago, and the payment shall remain blocked until the settlement of such complaint, if there is any balance on the account of the user who is the addressee of the payment. The Users have 90 days as of the purchase to initiate a complaint against another/other User(s). After such period has expired, it will no longer be possible to initiate a complaint on Mercado Pago website.

1.2.3.2 For security reasons, risks of lawsuits, risks of Chargebacks and other demands against Mercado Pago, all payments made may also remain blocked at the discretion of Mercado Pago, if Mercado Pago suspects any illegitimacy, fraud or any other act against the provisions of these General Terms and Conditions. Mercado Pago may also, at its exclusive discretion, block all amounts existing on the user’s graphical account in order to ascertain and verify (i) questions relating to the trustworthiness of the User; (ii) legality of the transactions executed; and/or (iii) pending complaints.

1.3 Payment management and order agreement:

1.3.1 For each transaction to be executed using the Payment Management Service offered by Mercado Pago, the User shall send a specific request, using the Mercado Pago Platform and/or the Payment Management Request Tools existing on the Website. For each Payment Management Request, Mercado Pago shall provide its services as indicated by the User to execute, on behalf of the User, the transactions according to the instructions in the Payment Management Request.

1.3.2 Upon making a Payment Management Request, the User hereby grants an Irrevocable Money Transfer Order for Mercado Pago to allocate the money in accordance with these General Terms and Conditions, acting on behalf and for the order of the User.

1.3.3 The Order granted by the User implies an authorization to Mercado Pago to (i) dispose on its behalf the money credited to the Collection Account in accordance with the Payment Management Request and transfers it to a Recipient User; or (ii) debits from its Graphical account the costs and fees arising from each transaction, according to the costs and fees spreadsheet; or (iii) receives, collects and credits in the User’s Graphical account the money coming from its transactions. Mercado Pago shall use the User’s money to comply with the Payment Management Request instructions. Mercado Pago may, in order to comply with the instructions of the Payment Management Request, negotiate, on behalf of the User, the available resources in the Graphical account with Financial Institutions, in transactions such as prepayments of receivables, the costs of which shall be borne by the User.

1.3.4 The Order shall be extinguished upon the termination of the respective Payment Management Request or the total and definitive termination of the User’s Graphical account.

1.3.5 In order to use the services described in these General Terms and Conditions, the User, when transferring money to the Collection Account, makes a Civil Deposit (pursuant to Article 627 et seq. of the Civil Code).

1.4 Payment Management Request:

1.4.1 The Payment Management Request shall be formalized upon the sending by the User of a specific online request in which the instructions shall be detailed regarding the allocation given to the User’s money.

1.4.2 Mercado Pago reserves the right not to process the payment management requests that: (i) are incomplete; or (ii), contain discrepancies between the data provided by the Users and the data actually included in the account; or (iii) that Mercado Pago, at its sole discretion, considers to involve some risk; or (iv) any transactions that are not authorized by the bank.

1.4.3 Mercado Pago shall not be responsible for incorrect or incomplete orders, instructions and/or Payment Management Requests caused by: (i) incorrect input of the email; (ii) inaccurate or incomplete information from the Recipient User, the payment transaction and/or any other data provided by the Sender User. 

2. User’s obligations

2.1. Delivery of money by the User

2.1.1 When making a Payment Management Request, the User shall send its money to Mercado Pago’s Collection Account in the amount necessary to comply with its instructions, unless such money is already available according to the information contained in the respective Graphical account. The Payment Management Request shall not be executed if the User does not send sufficient money or does not have this in its Graphical account to execute the requested transaction.

2.1.2 Mercado Pago reserves the right to request additional documentation from Users who have made a Payment Management Request in order to verify the legitimacy of the origin of the resources and/or regularity of the negotiation, without implying to Mercado Pago any responsibility for the legitimacy and/or regularity of transactions carried out on the Mercado Pago Platform.

2.1.3 The User shall transfer money to Mercado Pago’s Collection Account through payment means available in the National Financial System and accepted by Mercado Pago.

2.1.4 The User may only receive money or payments through the tools enabled in the Mercado Pago platform. If Mercado Pago considers that a User is using in a supposedly irregular manner the tools made available on the Mercado Pago Platform (including, but not limited to the publication or printing of the deposit slip for Users who do not have a Graphical account), Mercado Pago may impose the penalties provided in these General Terms and Conditions.

2.1.5 The information on the amounts ??in the User’s Graphical account shall always be verified by the User through the Mercado Pago Platform, on the website www.mercadopago.com.br, by means of the user’s login and password. Mercado Pago and the other Group companies shall not be held responsible for the receipt by Users of false e-mails sent by third parties without any direct relation with Mercado Pago and/or Grupo Mercado Livre companies, ALWAYS recommending the verification of any Information directly on the Mercado Pago Platform.

2.1.6 Users shall have exclusive responsibility for payment and/or withholding of federal, state and municipal taxes due to the performance of export and/or import transactions of goods and/or services. User acknowledges that Mercado Pago does not have any connection with these export and/or import transactions and shall hold it harmless from any obligations, especially those of tax and fiscal nature.

2.2 Withdrawal of money from the User’s graphical account:

2.2.1 Once the User’s funds are made available in its Graphical account, it may choose to (i) withdraw all or part of the available balance in its Graphical account; or (ii) keep the money in the Graphical account to use it in other transactions through the Market Payment Platform itself.

2.2.2 User withdrawals shall be made by means of bank transfer from the Collection Account to the Bank Account (current or savings) indicated by the User in a timely manner. Such transfer may occur within three (3) business days subsequent to the withdrawal request. Any cost incurred by the withdrawal shall be borne by the User as specified in the withdrawal fees schedule. If the Bank, in its sole discretion, refuses to receive money, this will be informed to the User in its Graphical account (with the charge of the appropriate withdrawal fee) to resolve the situation with its Bank or select another Bank for the transfer of money.

2.2.3 Withdrawals of money from the User shall only be made through the National Financial System to a bank account duly identified by the Individual Taxpayer ID (CPF/MF) or Corporate Taxpayer ID (CNPJ/MF) of the recipient. In no events shall Mercado Pago perform payments by checks, cash or any other means other than that specified in this Section to any User.

2.3 Chargeback (debit objection):

2.3.1 If the Recipient User has withdrawn the money and the Sender User has made a cancellation, reversion or chargeback on the amounts involved in the transaction after the sending, such amounts shall be discounted and debited from the Graphical account of the money’s Recipient User. As a result, the User expressly authorizes Mercado Pago to withhold from its Graphical account the money necessary to cover the cancellation, reversal or Chargeback. If the User does not have enough money in its Graphical account, Mercado Pago shall be authorized to withhold such amounts from any other future inflows of cash to Graphical account.

2.3.2 If the User does not 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 owed, in addition to default interest of one percent (1%) per month; (ii) reverse the User’s Qualifications in relation to transactions subject to cancellation, reversal or Chargeback; (iii) forward the User’s debt to external collection agencies for negotiation and/or judicial or extrajudicial collection; and (iv) communicate the User’s default to credit protection agencies and entities.

2.3.3 The Recipient User shall, upon request from Mercado Pago, provide documentation regarding the objection to the Chargeback, cancellation or reversal within a maximum period of ten (10) calendar days counting from the sending of the request by Mercado Pago. To find out which documentation to submit in each case, see the Vendor Protection Program (PPV).

2.3.4 To contest the Chargeback, cancellation or reversal, the Recipient User shall gather evidence that endorses and confirms its account of events. The provision of such documents shall not imply that the User’s money will be re-credited to its Graphical account.

2.3.5 In the event of a reversal, cancellation or Chargeback, the User may respond 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 that it deems pertinent to recover the amounts involved in the transaction subject of the Chargeback.

2.3.6 The Recipient User shall be responsible for any reversal, cancellation or Chargeback caused by transactions originated by transactions for digital and intangible goods, such as music, discount coupons, virtual games, products provided through downloads, SaaS (Software as a Service), cellphone credits/recharges, as well as any other kind of goods or assets that is not physically delivered to the buyer. In the event of a cancellation, reversal or Chargeback regarding the situations described in this clause, such amounts shall be discounted or debited directly into the account of the Recipient User as described in item 2.3.1.

2.3.7 Any consequences arising from the non-delivery of the product and/or non-provision of services shall be the sole responsibility of the recipient User and the sending User of the payment, and cannot be transferred to Mercado Pago in any case.

2.4. Document preservation obligation:

2.4.1 The Recipient Users shall hold, for a minimum period of one (1) year, the documentation proving the delivery of the products or services rendered by using the Payment Management Services at the exact address included in the Mercado Pago tool in the address field for delivery of the product and/or service. The supporting documents can be: Tax Invoice on behalf of the buyer, Post Office Notice of Receipt (AR), or proof of delivery of the shipping company signed by the recipient, among others. Proof of delivery that does not contain the signature of the recipient shall not be sufficient in cases where the receipt of the product and/or service is the object of a Complaint.

2.4.2 Mercado Pago reserves the right to withdraw from the User’s Graphical account the amount equivalent to the negotiations on which there are Complaints related to the receipt of the goods/services and for which there is no proof of delivery as provided in these General Terms and Conditions.

2.4.3 All delivery of products and/or services subject to transactions that have used Mercado Pago’s Payment Management Services shall be made exclusively at the delivery address registered on Mercado Pago’s Platform, under penalty of return of the money to the Sending User in case a Claim is opened with Mercado Pago, except in case of sale of digital and intangible goods, which shall be delivered automatically.

2.5 Remuneration for Payment Management Services:

2.5.1 The User shall pay Mercado Pago for Payment Management Services in accordance with the Service Fees in force on the Mercado Pago platform. Refer to the Service Fees.

2.6 Requirement to check the status of a payment made via “cart”/ “Pay” button for the Payment Management Service:

2.6.1 User shall confirm the status and amount of any and all transactions made using the Mercado Pago Payment Management Services (among other information) solely and exclusively through the tool called “verification probe” made available by Mercado Pago, except as provided in section 3.7. Participants shall assume as true only the information provided by this “verification probe”. The technical details of the “verification probe” are available in the Mercado Pago integration manual as provided in the Tools item.

2.7 Compulsory verification of the graphical account and initiation of a complaint:

2.7.1 The Recipient User shall only send the product to the Sender User after verifying in its Graphical account on the Mercado Pago Platform the effective proof of the credit, by the Sender User, of the amounts related to the product or service subject of the transaction. After verification by the Recipient User that the amounts have been credited to its Graphical account, it shall send the product or provide the service to the Sender User.

2.7.2 The Recipient User who sends the product or provides the service without first checking in its Graphical account if the Sender User has credited the value of the product/service in its Graphical account shall fully assume the risk of non-payment of the product/service by the Sender User, releasing Mercado Pago and the companies of Grupo Mercado Livre from any liability in this regard.

2.7.3 In case of non-receipt of the product, the Sender User shall have 21 days counted from the Payment Management Request to submit a Complaint. However, in order for the User to be entitled to any benefits within the Guaranteed Purchase, the qualification shall be made within 21 calendar days from the date of purchase.

2.7.4 Sender and Recipient Users shall be aware and agree that in order to check the availability of amounts in the Graphical account, these shall always access the Mercado Pago Platform at www.mercadopago.com.br, typing their login and password (except as provided in section 2.6.1), provided that it shall not be sufficient to receive e-mails to prove the existence of such amounts.

2.7.5 The products shall only be sent if the User’s Graphical account contains the information “approved” in regard to the money sent by the Sender User, which must be sufficient to send the product.

2.7.6 Mercado Pago and the other Group companies shall not be held responsible for the receipt by the Users of false e-mails sent by third parties without any direct relation with Mercado Pago and/or Grupo Mercado Livre companies.

3. Mercado Pago’s Obligations

3.1 Mercado Pago shall provide the Payment Management Services through the exercise of the Irrevocable Money Transfer Order granted by the user. Mercado Pago shall serve as agent upon fulfilling Payment Management Requests in the exact terms defined by the User and in accordance with these General Terms and Conditions, acting on behalf of and for the order of the User.

3.2 Mercado Pago shall follow the instructions included by the User in the Payment Management Request, either to (i) make a payment or send money, which shall be represented by information entered in its Graphical account, or credited for this purpose or; (ii) credit and/or receive money in the Graphical account. By registering with Mercado Pago and maintaining an active Graphical account, User agrees, accepts and authorizes the receipt of money that other Users may send to their Graphical account and that the applicable Mercado Pago Services fees are debited, always in accordance with the Payment Management Requests and the Service Fees in force.

3.3 Mercado Pago shall determine a maximum amount for Payment Management Requests, which may vary according to the payment method chosen, the type of Payment Management Request or other criteria defined by Mercado Pago. These criteria may be modified at any time by Mercado Pago, and its publication on the Mercado Pago Platform shall be sufficient for it to come In force. Mercado Pago may also determine minimum and maximum limits for credit and withdrawal of money from the User, in accordance with the terms of item 2.2.4 of these General Terms and Conditions.

3.4 The money may be visualized in the User’s Graphical account from the moment in which Mercado Pago receives the authorization from the Bank on the form of payment used in the transaction. Refer to the forms of payment authorized to operate.

3.5 Mercado Pago shall make its best efforts to ensure compliance with the deadlines established in these General Terms and Conditions. Nonetheless, the User is aware that, due to certain external factors that are beyond the control of Mercado Pago, delays may occur, which is why the User releases Mercado Pago from any and all responsibilities arising from any inconvenience or prejudice.

3.6 The User acknowledges to be subject to the risks of instability of the World Wide Computer Network, and Mercado Pago shall not be held liable for any failure to provide services due to interruptions or delays due to failures in the World Wide Computer Network that may prevent or prejudice the sending and receiving of information.

3.7 In cases where the payment method chosen by the User allows a declaration of a different amount from that actually transferred to the Collection Account, the amount actually credited shall be displayed in the Graphical account of this User, regardless of the value declared by the User, with Mercado Pago’s Service Fees already discounted.

3.8 Mercado Pago shall keep the user’s money in the collection account maintained with a bank and may use several money transfer agents, always through the National Financial System. Mercado Pago shall not be liable for the insolvency of the Bank, Financial Institution or agent used for the transfer/handling of the money, or even for any legal or regulatory changes affecting the Collection Account. In this case, the User shall adopt the appropriate measures to recover its money directly from the Bank, Financial Institution or agent. The User shall also deliver to Mercado Pago the additional money that may be necessary to enable Mercado Pago to comply with the Order in accordance with the instructions included in the Payment Management Request.

3.9 Mercado Pago cannot be held responsible for payment orders that are unprocessed or refused, as well as for suspended or cancelled Bank Accounts.

3.10 The user acknowledges that Mercado Pago shall allocate the money that was delivered to it in accordance with the Payment Management Request made by the User. However, Mercado Pago shall not be required to follow User’s instructions in the event of conflicting Payment Management Requests. In these situations, Mercado Pago reserves the right to opt for the transaction that, in its sole discretion, is the most convenient for quick, simple and orderly settlement of the money displayed in the Graphical account, even if this option implies reductions or excessive wait , regarding of the terms stipulated in these General Terms and Conditions. 

4. Payment Management Request Tools

4.1 To facilitate the processing of Payment Management Requests by Users, Mercado Pago provides graphical tools for identification of Payment Management Services, such as the Cart Tool and the Send Money Tool.

4.2 For use of the tools described in these General Terms and Conditions it is necessary to be a User duly registered with Mercado Pago.

4.3 After registering an account on Mercado Pago, the user can insert on its website the payment management request tools provided by Mercado Pago, containing the parameters necessary to direct Users of the Website to the MercadoPago Platform. The payment management request tools provided by Mercado Pago may have different presentations and configurations, according to the information provided by Mercado Pago and in no case may these be modified by the user. Mercado Pago reserves the right to periodically update or modify the content and/or appearance of these tools and the URLs (web addresses) to which the codes are directed. Mercado Pago shall not be liable for damages or losses caused to Users and third parties arising from the misuse of the Payment Management Tools or the inadequacy of these tools to the user’s website.

4.4 Notwithstanding the provisions of these General Terms and Conditions, the Payment Management Request Tools may not be used in any Website that: (i) has content, permits or carries out any activity contrary to current legislation, regulations, morals and good manners; (ii) promotes or possesses contents related to pedophilia, whether real or simulated; (iii) deals with films or photographs that have been made illegally without the consent of the people appearing therein; (iv) promotes violence and/or discrimination of any kind, prostitution, money laundering, trafficking of firearms , persons or animals, or other illegal activities; (v) offers content that infringes intellectual property rights; and/or (vi) offers any of the products/services described in the Prohibited Product Policy.

4.5 Mercado Pago may suspend and/or cancel, temporarily or definitively, a User, without prior notice, if it concludes, at its sole discretion, that the transactions developed on the User’s Website falls as one of the Prohibited Transactions, becomes aware or suspects of behavior that is fraudulent or threatens to violate the image of Mercado Pago, its shareholders, controlling shareholders, controlled companies, branches or subsidiaries, employees, workers, officers, agents, Users and/or third parties without prejudice to any judicial or extrajudicial measures potentially adopted.

4.6 The User shall be solely and exclusively responsible for the content on its Website. In the event that one or more Users or any third party files any type of complaint or judicial, administrative or extrajudicial actions against Mercado Pago, its shareholders, controlling shareholders, controlled companies, branches or subsidiaries, employees, workers, officers and agents, as a result of using the Payment Management Request Tools on a User’s Website, the User shall be liable for such claims, holding Mercado Pago and its shareholders, controlling shareholders, controlled companies, branches or subsidiaries, employees, workers, officers, agents, representatives and attorneys-in-fact harmless from any liabilities, direct and indirect damages, including indemnification, lost profits, attorney’s fees and other judicial and extrajudicial charges arising from such claims or actions.

5. General conditions

5.1 Capacity: Only persons with capacity to contract and duly registered as Users shall be allowed to use Mercado Pago. Persons under the age of 18, persons without the capacity to contract, or Users that have been suspended or banned from the Mercado Pago platform, whether temporarily or permanently, shall not be allowed to register nor use the services of Mercado Pago.

5.2 User’s representations: Notwithstanding any other provisions of these Terms and general conditions, the user represents and warrants that its Payment Management Requests will not have any relation, without limitation, to the following: (i) Violation of the applicable legislation; (ii) Gambling etc.; (iii) Real estate buying and/or selling, renting and/or brokerage; (iv) Collection and payment of condominium charges; (v) Federal activities; (vi) Political organizations activities; (vii) Coin-operated personal service machines; (viii) Discount cards offering; (ix) Professional placement services; (x) Firearms, human  and animal trafficking etc.; (xi) Money laundering; (xii) Terrorism; (xiii) Pornography, prostitution, or pedophilia; and/or (xiv) Any fraudulent or illegal activity.

5.2.1 The user represents that, when selling a product using the Payment Management Services offered by Mercado Pago, the user will have such item in stock.

5.2.2 For transactions completed outside Mercado Livre platform, the User receiving payment shall ship the product within seven calendar days as from the transaction approval date. The product shall be delivered to buyer within thirty calendar days as from the transaction approval date.

5.2.3 The User shall enter the product tracking number into Mercado Pago Platform.

5.2.4 The User may not use Mercado Pago for transactions that may be considered as cash advance, self-financing, money laundering, loan, or similar, as defined by Law, or any other activities that violate the Brazilian legislation.

5.2.5 If Mercado Pago, at its sole discretion, concludes that there is reason to believe that Mercado Pago has been used in an unlawful manner in connection with an activity prohibited by law or contrary to these Terms and General conditions, Mercado Pago may refuse, cancel, or suspend a Payment Management Request, without prejudice to (i) warning, suspending, or temporarily banning the access to and use of the User’s Graphical account or its functionalities; (ii) permanently cancelling the User’s Graphical account (in this case, the User shall immediately request the withdrawal of any money in its User’s Graphical account by means of the Contact Gateway); (iii) cancelling a specific transaction and returning the money to the Sender User;

5.2.6 Ratings: The Mercado Pago System will grant each user a positive or negative Rating within thirty days as from the date of payment handled by Mercado Pago Payment Management Services. By opening a Complaint, the User may request Mercado Pago to change the Rating granted by the system; such request will be analyzed by Mercado Pago at its sole discretion. In the event the same Users are involved in more than one transaction using Mercado Pago, up to one positive rating and one negative rating shall be considered for the purpose of Rating each user.

5.2.7 Use of service under user’s own name: Payment Management Services shall only be used by the User under its own name, not as a representative and/or for the account of third parties. The User may not resell Payment Management Services to third parties.

5.2.8 Mercado Pago is not a financial institution, nor an insurer: The Parties agree that nothing in this agreement nor any condition contained in these Terms and General conditions shall be construed as to consider Mercado Pago as a Financial Institution, nor as an insurance company. Mercado Pago does not provide any banking or foreign exchange service to User, or any Financial Institutions or insurers exclusive activities , nor any activities regulated or supervised by the Central Bank of Brazil, CVM, or Susep. The Parties hereto acknowledge that Mercado Pago provides Payment Management Services on behalf of and to the benefit of Users in accordance with the conditions set forth in these Terms and General Conditions, Mercado Pago being a payment facilitator.

5.2.9 Revenue: The User’s Money credited to the Collection Account does not yield any revenue (interest and/or adjustment for inflation) for the User, resting assured that the User may freely use such money to carry out the transactions provided for in these Terms and general conditions, once such money is available in the Graphical account, with due regard for the time limits, mechanisms, and rules set forth by Mercado Pago;

5.2.10 Payment processing: The user represents and acknowledges that the payment processing depends on some procedures, such as risk analysis and bank settlement, depending on the means used. As a rule, credit card or cash payments into the Mercado Pago account are processed faster than payments through bank payment slips. In this sense, Mercado Pago shall not be held responsible for any non-compliance with offerings made by a seller User when the payment processing occurs after the advertised item has run out of stock.

5.3 Payment management service fee: The User agrees to pay Mercado Pago a Payment Management Service fee (the “Service Fee”) for the use of the Payment Management Service each time a payment is received into the User’s graphical account. Details on the service fees are available here. Therefore, the User hereby authorizes Mercado Pago to discount and withhold the Service Fee or any other amounts due from the money available and reported in the User’s graphical account. Furthermore, the User authorizes Mercado Pago to discount and withhold from the money available and reported in the User’s graphical account any amount owed to companies belonging to the same business group as Mercado Pago.

5.4 Protection and confidentiality of personal data: Mercado Pago may not sell, rent, nor trade Users’ personal data with other companies, except in the cases set forth by Mercado Pago privacy policies. Such data shall be used for the provision of Payment Management Services. However, Mercado Pago may share such data with providers of value added services integrated into the Platform, or by means of links to other Internet sites, in order to meet Users’ needs related to Payment Management Services. For more information, please read the Mercado Pago Privacy Policies, which are a  part of these Terms and General conditions. All personal data shall be transmitted by means of a safe Internet page which protects and encrypts data. Personal data will be stored in servers or magnetic means that meet high standards in security. Mercado Pago will use best efforts to preserve the confidentiality and security mentioned herein; however, Mercado Pago will not be held responsible for losses in respect of any violation of these measures by third parties using public networks or the Internet to access such data. The provisions of this section shall not apply when Mercado Pago establishes partnerships with other companies to offer value added services to Users. Mercado Pago always encrypts Users’ credit card data for storage according to PCI-DSS Requirement. Mercado Pago will not store the credit card security code, requesting such information from the User every time a payment is made on the platform.

Users acknowledge and agree that Mercado Pago have access to Users’ mobile device contact list. Mercado Pago will use such data for the sole purpose of finding and labeling cell phone numbers and/or e-mail addresses of other Users and/or potential Users. Users, on the other hand, declare that they have been authorized to share such data with Mercado Pago.

With regard to potential Users, Mercado Pago will not store names, addresses, banking data, identity card numbers, taxpayer register numbers, nor any other information that may identify the person. Mercado Pago will only store cell phone numbers and e-mail addresses.

5.5 Sole responsibility of the user for its transactions: Mercado Pago will not be held responsible for, nor ensure compliance with, the obligations undertaken by Users before third parties in relation to payments to be made or received by means of the Mercado Pago Platform. The User acknowledges and agrees that it enters into transactions with other Users or third parties freely and voluntarily, giving its consent freely and at its own account and risk. In no event shall Mercado Pago be held responsible for lost profits or any other damage and/or loss that the User may incur in respect of any transaction carried out or not carried out by means of the Mercado Pago Platform. As Mercado Pago is by no means related to the obligation giving rise to the Payment Management Request, Mercado Pago will not be held responsible for, nor will it verify, the causes, price, or any other circumstance regarding such Request, as well as the existence, quality, quantity, operation, condition, integrity, or legitimacy of the goods or services offered, purchased or sold by Users and paid by means of Mercado Pago, as well as the Users’ capacity to contract and the veracity of the personal data provided by Users. If one or more Users, or any third party, file any claim, lawsuit, or extrajudicial proceeding against other User(s), such User(s) shall hold Mercado Pago harmless, as well as any company integrating the same business group as Mercado Pago, and its respective executive officers, managers, employees, contractors, agents, representatives, attorneys, from all liability. Users may file a claim against the other User(s) within 90 days as from the date of purchase. After such time limit has elapsed, it will no longer be possible to file a claim by means of Mercado Pago website.

5.5.1 Transactions related to prohibited products: If Mercado Pago becomes aware of the use of the Payment Management Service in connection with transactions involving Prohibited Products (pursuant to the exhibit “Prohibited Products”), Mercado Pago may cancel such transaction, returning the corresponding amounts to the Sender Users, and may also suspend the account of the Users involved.

5.6 Independent contractors: The Parties hereto represent each as an independent contractor, and that no partnership or commercial relationship exists between the parties, except the relationship established by these Terms and general conditions, and each party holds the other party harmless and free from any claims arising out of any tax, labor, or social security liabilities respecting each party. None of the Parties will induce a person into error regarding its status of independent contractors; neither parties will have the power to bind the other party in any transaction with third parties. User’s non-compliance with this obligation shall entitle Mercado Pago to deactivate the user’s graphical account, its respective account, without prejudice to the judicial and extrajudicial measures deemed appropriate.

5.7 Limitation on liability for service and/or the platform: Mercado Pago does not guarantee continuous and uninterrupted access to the Platform, to the Payment Management Service, or to the Payment Management Request Tools. The system may be unavailable at times due to technical problems or Internet failures, interruption or breakdown affecting the system, the links, or the Payment Management Request Tools, or due to any other circumstance outside the control of Mercado Pago or its business partners, which may result in invalidating or cancelling transactions. Users MAY NOT hold Mercado Pago liable, nor request any reimbursement, for losses in respect of any of the aforementioned problems, nor for any damage based in this section.

5.8 Limited license: All Intellectual Property rights regarding the Platform, Payments Management Request Tools and the respective codes, development, software, equipment, domains, logos, designs, structure, contents, data etc. shall be the property of Mercado Pago and/or its controlling companies, controlled companies, branches or subsidiaries. Under no circumstance the User will be understood as having any kind of right thereon, irrespectively of the rights granted on the use of tools made available by Mercado Pago to the User. Mercado Pago only grants User the right to use Mercado Pago’s Intellectual Property rights so far as such rights are related to the Payments Management Request Tools made available to the User for the performance of the activities referred to in these Terms and General conditions, directly related to the Service rendered by Mercado Pago by means of its Website. Any other use of such Intellectual Property rights shall be strictly prohibited, including reverse engineering involving  software made available. With due regard for such limitations, Mercado Pago grants User a free, non-exclusive license, revocable at any time, for the use of the Payment Management Tools pursuant to the terms set forth in these Terms and General Conditions.

5.9 Changes of terms and general conditions: Mercado Pago may change these Terms and General conditions at any time. Mercado Pago shall give notice of such changes to the User by posting an updated version of these Terms and General conditions into Mercado Pago Platform, setting forth the last amendment date, and by sending a notice to the User’s main e-mail address (if the User has chosen the modality of e-mail notification when accepting these Terms and General Conditions). If the User refuses to agree with the changes made, the User shall contact Mercado Pago by means of the Communication with Users, within five days after the changes have been disclosed, or the notification sent, in which case the agreement shall be deemed terminated, and the User’s respective account suspended. After such term has elapsed, the User will be deemed as having agreed to the new Terms and General Conditions, and this document shall continue to be binding between the Parties. The amended Terms and General Conditions shall apply to any Payment Management Request made after the User has been notified.

5.10 Termination of contractual relationship between the parties: Mercado Pago and the User may, at any time, terminate these Terms and general conditions, without cause, which shall result in the closing of the User’s graphical account and its account, but shall not suspend the fulfillment of all Payment Management Requests already authorized by the User up to the notification of termination. The right provided for herein may be exercised insofar as the Party who intends to terminate the agreement is not pending fulfillment to any obligation with regard to the other Party or third parties involved in the transactions. Furthermore, Mercado Pago may, if the User fails to comply with the conditions set forth in these Terms and General conditions or in the applicable law, consider the provision of service terminated, without prior notice, reserving the right to claim damages caused by such non-compliance.

5.11 Registration of the transactions: The User irrevocably authorizes Mercado Pago or anyone to be designated by Mercado Pago to record all transactions and/or telephone calls of the User regarding the services provided by Mercado Pago, and to use any such recordings as means of proof before any administrative or judicial authorities. The registrations issued by Mercado Pago shall be deemed sufficient evidence of compliance with the Payment Management Requests and instructions, replace the need for any receipt, and are fully enforceable against the User.

5.12 Notices: All notices made to the Users by Mercado Pago at the principal electronic mail address registered by them shall be valid.

5.13 Exhibits: The following documents form an integral and inseparable part of these general terms and conditions and are incorporated hereto by reference, which may be displayed in the Mercado Pago Platform by means of the links provided below or directly accessing the corresponding pages:

5.14 Dispute resolution: Upon occurrence of any conflict, the User shall seek an amicable resolution by submitting its Complaints by means of the    Portal available at www.mercadopago.com.br. The Users agree to submit their disputes to the decision of Mercado Pago in accordance with the rules of these General terms and conditions.

In case that a Seller User receives a request for return or a communication of the right to retract within 7 days as from the date of receipt of the product by the Buyer User, the Seller User shall accept the corresponding request for return and bear all costs involved for that purpose, as provided for by the Consumer Protection Law and these Terms and conditions. Accordingly, Mercado Livre may charge said amounts from the graphical account of the Seller User with Mercado Pago. If the product was delivered using the tool Mercado Envios, then Mercado Livre may provide labels to enable the buyer user to return the product in the Mail Company, and the corresponding amount shall be deducted from the Seller User’s graphical account with Mercado Pago. Even after 7 days, if the seller fails to answer a complaint or a mediation, as well as in case that the mediation is completed against the seller, the seller shall also bear the freight cost of the return, and Mercado Livre may deduct the corresponding amount from the seller’s Mercado Pago account.

5.15 Jurisdiction and applicable law: All items of these General Terms and Conditions are governed by the applicable law of the Federative Republic of Brazil. The Parties agree to submit all matters concerning construal, compliance or any other issues relating to these General Terms and Conditions to the Courts of the Judicial District of São Paulo, except for any complaints made by Users that classify under the legal concept of consumers, which may be submitted to the courts of their domicile.

6. Definitions

6.1 Chargeback: Means the procedure of objection to the debit that is not acknowledged by the User in the Issuer Bank of the User’s Card, of an expense made with a Card on the User’s behalf in amounts intended to the Collection Account of Mercado Pago.

6.2 Codes of payment management request tools: They are codes in HTML language, with display and setup options available to a User that wishes to insert the Mercado Pago service as the Payments Management Tool in an Electronic Site held by such User. For example: button Buy Now.

6.3 Collection Account: Means the bank account held by Mercado Pago with a Bank, whereby Mercado Pago manages the Users’ Money in order to allocate them in accordance with instructions of the Users.

6.4 Bank Account: Means the checking account or savings account held by individuals and/or legal entities with the Brazilian financial system in any Bank legally organized in Brazil.

6.5 Graphical account: Means the graphical account displayed on the Mercado Pago platform by means of the address www.mercadopago.com.br, automatically created together with the account, which graphically represents the money of a User kept in custody at the Collection Account, and that may be used by the User for the purchase of goods or services from third parties, using the Mercado Pago Payment Management Services, or transferred by the User that holds such money to a Bank Account only.

6.6 Personal Graphical account: Means the modality of graphical account automatically available to any individual or legal entity user that makes its account effective by meeting the provisions of these general terms and conditions.

6.7 Professional Graphical account: Means the modality of Graphical account that may be solely obtained upon compliance with certain criteria defined by Mercado Pago.

6.8 Users’ Money: Means the financial funds transferred to Mercado Pago by the User, so that Mercado Pago shall provide proper destination to such funds, on account and order of such User, always upon collection of the Service Fees.

6.9 Cart tool and payment buttons: Means Payment Management Request Tools that identify the quantity and amount of the products, services and/or freight that a Sender User intends to purchase from an Recipient User by means of the Payment Management Request.

6.9.1 Instantaneous Payments Notice (IPN): Means the inquiry tool supplied by Mercado Pago to any User that holds an Electronic Site, which enables the User to check/confirm (among other kinds of information) the status and amount of any and all transactions enabled by means of the Payment Management Services.

6.10 “Send money” tool: Means the Payment Management Request Tool that identifies the express communication of the Sender User for sending existing money in the User’s graphical account to a Recipient User, using the Mercado Pago Payment Management Request.

6.11 Payment management request tools: Means technological resources in HTML language, provided by Mercado Pago to the Electronic Site, that enable the use of the Payment Management Services.

6.12 Irrevocable fund transfer order: Means the irrevocable order granted by the Sender User, when making a Payment Management Request, for Mercado Pago to proceed, on account and order of this User, with the Payment Management Services in accordance with the received instructions, in order to transfer money on behalf of the Sender User to the graphical account of the Recipient User. In addition, the order implies the User’s authorization for Mercado Pago to proceed with the withdrawal of money and the collection of Service Fees from the User’s graphical account in accordance with the User’s instructions.

6.13 Forbidden transactions: Means any and all use of the Payment Management Services for purposes contract to any Laws, treaties and regulations in effect in Brazil and/or to these general terms and conditions and any other policies of use of the site.

6.14 Rating: Means the assessment of a User made by Mercado Pago in connection with the use of the Payment Management Services. At each transaction Mercado Pago issues a score relating to the transaction made, thus creating some reputation for each of the Users.

6.15 Payment Management Services: Means the services provided by Mercado Pago to the User, whether a Sender or Recipient of money, whereby Mercado Pago, acting as an attorney-in-fact on account and order of the user, manages the transfer, receipt or withdrawal of money relating to the transactions entered into between Users.

6.16 Payment management request: Means a request made by the User, whereby the User specifies the instructions to be followed by Mercado Pago in order to provide the destination intended by the User to the money, in accordance with these general terms and conditions, acting on account and order of the User.

6.17 Service fees: Mean the amounts charged from the User by way of remuneration in connection with each Payment Management Service provided by Mercado Pago.

6.18 Mercado Pago Transactions: Means the transactions of money operations and/or withdrawals at the User’s request in the Collection Account. Transactions shall be solely accepted and/or performed by Mercado Pago inside the Brazilian National Financial System and shall be mandatorily expressed in Reais, provided that no transaction in foreign currency and/or foreign exchange shall be permitted.

6.19 User: Means any individual over 18 or the legal age, qualified to enter into agreements under the Brazilian Law who, by means of an account with Mercado Pago and upon acceptance of these General Terms And Conditions, contracts the Mercado Pago Payment Management Services.

6.20 Recipient User: Means any user that, in connection with a Payment Management Request made by a Sender User, intends to receive or collect money in its user’s Graphical account in relation to goods and/or services offered to a Sender User.

6.21 Guest user: Means any user that wishes to carry out a single transaction using the Payments Management Service of Mercado Pago and, for that purpose, accepts these General terms and conditions and performs such transaction by registering its email address only. The Guest User becomes temporarily the holder of a Personal Graphical account solely for purposes of performing the single transaction as set forth in this section.

6.22 Sender User: Means any User that, by means of the Payment Management Service of Mercado Pago, wishes to pay and/or send money to a Recipient user.

These terms and conditions are registered with the Registry of Deeds and Documents and Civil Registry of Legal Entities of Barueri, State of São Paulo, under No. 842.786 on August 23, 2013.