Terms and Conditions for International Payments

Valid from September 19th, 2024

In Mexico and any other country where the Services may be available (the “Available Countries”), entities incorporated outside of such Available Countries may access the payment processing services for international payments (the “Services”) through the platform at www.mercadopago.com or other related local website (the “Platform”), as provided by MP Agregador, S. de R.L. de C.V. (“MP Standard”) in Mexico, and any other affiliate entity (jointly “Mercado Pago”).  

International payments will consist of payments made by a person or entity located in one of the Available Countries (the “Payer”) in favor of a seller incorporated in a country other than the Payer’s country (the “User”) who lists and offers products and services through their own website from their country of residence (an “International Payment”).

The Services shall be governed by these Terms and Conditions and the specific terms applicable in the corresponding Available Country.

 

1. Registration and Account

In order to use the Services, the User must register with Mercado Pago and create an account (the "Mercado Pago Account" or the “Account”), by entering their email address, chosen password and required security code (when applicable). The User undertakes to maintain the confidentiality of their Password and Security Code. In case of detecting an unauthorized use or attempt to enter the User’s Account, the User must immediately report it to Mercado Pago through the channels enabled on the Platform.

In all cases, the Mercado Pago Account is personal, unique, and non-transferable, and will be assigned to a single User. Its sale, assignment, or transfer is prohibited. The User may not allow or authorize the use of their Mercado Pago Account by third parties. 

For the purposes of the Service, the Mercado Pago Account is not an e-money account or deposit account of any kind, and no funds will be credited to the User’s Account. The Account is only intended to provide the User with detailed information about the International Payments. 

2. Payouts & Designated Bank Account

In order to use the Services and receive the amounts resulting from the International Payments, the User must link a bank account to their Mercado Pago Account, by uploading the required information through the onboarding process (the "Designated Bank Account”). The Designated Bank Account must be wholly owned by the User at all times when using the Services, and must be opened in a jurisdiction other than the corresponding Available Country, with the exception of restricted jurisdictions listed in these Terms & Conditions under the section regarding AML/CTF.

 

The User acknowledges and accepts that they are solely responsible for the accuracy of the information indicated in the onboarding process when linking the Designated Bank Accounts, and for complying with the conditions indicated herein. Any damage suffered by the User as a consequence of erroneous information of the User’s Designated Bank Account data shall  be borne exclusively by the User. The User shall not make any claim against Mercado Pago for such damages.

Mercado Pago will transfer the amount resulting from the International Payments to the User’s Designated Bank Account with the frequency established by the User in their Mercado Pago Account settings. The User is fully responsible for verifying in their Mercado Pago Account that each International Payment has been duly processed before delivering goods or providing services to the buyers.

The User expressly and irrevocably designates and authorizes Mercado Pago and/or Global Selling, LLC and/or their related companies and/or their local banking partners, to act as its collection and payment agents, for the specific purpose of receiving, retaining, and settling payments, subtracting from the amount any amounts due to Mercado Pago, in accordance with these Terms and Conditions. The User agrees and accepts that it shall have no right to assert claims against the buyers for payment for products, and may only claim settlement of such payments to Mercado Pago.

 

3. Valid Users

Only those Users who have the legal capacity to contract may accept these Terms and Conditions and use the Services. Minors or unauthorized persons may not register or use the Services. Mercado Pago may reject or suspend any User at any time, for any circumstance related to suspected fraud, illegal activities, use of the Services not in compliance with these Terms and Conditions, or any other reason at Mercado Pago’s sole criteria. 

 

4. Using the International Payments Service

The Service consists of the collection and payment processing of International Payments by Mercado Pago on behalf of the Users and in accordance with their instructions.

By using the Services, the User irrevocably appoints and authorizes Mercado Pago to process the International Payments made through the Platform (integrated into the User’s website in accordance with applicable Developer Terms & Conditions), and to receive and collect the funds resulting from such International Payment, in accordance with these Terms and Conditions and the applicable law.

The User declares and guarantees that the Services will be used exclusively in relation to International Payments for valid sales of goods and services which do not infringe any applicable law in the corresponding Available Countries as well as the jurisdiction from which the sale of goods and services is offered, and also do not correspond to any of the activities listed in the specific conditions for each Available Country under these Terms and Conditions. The User shall be solely liable towards the Payers as well as any competent government authorities for the sale of goods and services related to any International Payment. 

 

5. Fees & Billing 

Applicable fees for the Service will be informed by Mercado Pago to the User’s Mercado Pago Account registered email.

 

6. Anti-Money Laundering - Countering The Financing Of Terrorism - Sanctions

User acknowledges that Mercado Pago and all their affiliates (jointly, “MELI”) are firmly committed to complying with all applicable laws and regulations aimed at the prevention of illegal activities, including, but not limited to:

1. Compliance with the sanctions regimes ("Sanctions") applicable in the countries in which MELI carries out its activities, including the Sanctions administered and/or applied by the United Nations Security Council and the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”), and other applicable Sanctions of other regulators.
   
   
2. Compliance with applicable local and international regulations regarding the Anti-Money Laundering and Countering Terrorism Financing (AML/CTF). In particular, regarding knowing and identifying customers, the maintenance of an adequate AML/CTF Program, the analysis of unusual activities and the reporting of suspicious operations, the proper storage and preservation of information and documentation, and the confidentiality of the information related to said Program.

User guarantees that neither it nor its subsidiaries and/or affiliates will carry out transactions involving MELI which directly or indirectly (i) relate to a forbidden activity or business, as defined by the Sanctions, applicable regulations or MELI’s internal policies, (ii) are carried out on behalf of, with or involving any person, country or territory that is subject to Sanctions, (iii) imply a violation of the Sanctions and/or (iv) imply a violation of applicable AML/CTF regulations.

User recognizes that MELI is subject to local and international regulatory compliance obligations and that it may receive requirements from administrative authorities or implement reasonable measures to avoid regulatory breaches and guarantee compliance with AML/CTF and/or Sanctions regulations. In this sense, User represents and warrants that it will not prevent, frustrate, hinder or in any other way threaten MELIi's efforts to comply with applicable regulations and reasonable measures implemented or to be implemented.

Likewise, User declares that it releases MELI from liability for any action or measure adopted within the framework of this section.

The User may not register if, they or their shareholders, subsidiaries, directors, officers, employees, or agents is a human or legal person owned or controlled by persons who are (i) subject to Sanctions or (ii) located in, incorporated in, or residents of a country or territory that is subject to Sanctions, or whose government is subject to Sanctions, including, without limitation: Crimea, Donetsk and Lugansk Region belonging to Ukraine, Cuba, Iran, Syria and North Korea. For the purposes of this clause, “Sanctions ” shall be understood as: restrictions or prohibitions on the ability to engage in business and other economic activities with certain countries, regions, persons, or entities, or any government measure issued to deprive an entity (including individuals, corporations, territories, countries, etc.) of financial and economic assets to counteract and attempt to reduce behavior that threatens national or international security or contravenes international law. In particular, those included in the Sanctioned Lists of OFAC (Office of Foreign Assets Control of the United States) and United Nations (UN) terrorist lists, as well as in any national list, will be rejected as Users,  suspended or disabled.

Human or legal persons that may be related to activities of a criminal nature, especially those supposedly linked to drug trafficking, terrorism, or organized crime in general, may not register as Users.

By virtue of the provisions of this clause, Mercado Pago reserves the right to reject a registration request or to cancel or suspend a Mercado Pago Account (i) in the event of detecting contradictions or inconsistencies in the information provided by a User, or unusual or suspicious activities of the User in terms of AML/CTF or fraud; (ii) in the event that the User does not provide or update the information and/or documentation required by Mercado Pago at the appropriate time (iii) if the User is subject to Sanctions, or located in, incorporated in, resident in a country or territory subject to Sanctions, with the scope provided in this clause; or (iv) in the event that the User was or could be related to activities of a criminal nature, as provided in this clause.

The User expressly acknowledges and accepts that Mercado Pago, as required by applicable law, may share the User's information and documentation files with other companies of the same economic group, in order to comply with regulatory obligations. The foregoing is applicable without prejudice to and in addition to what is stipulated in the Mercado Pago Privacy Statement.

7. Liability and indemnity.

User’s Liability: The User will hold Mercado Pago and its related companies harmless, as well as those who direct, succeed, manage, represent and/or work for them, for any administrative or judicial claim filed by other Users, third parties, or by anybody, related to the use of the Services, when such claims are related to the sale of goods or services by the User, or result from the User’s misrepresentation or inadequate use of the Services, contrary to these Terms and Conditions or applicable law. The User will be liable for the payment of any fine, fee, penalty, damage, cost, or complaint, that is applied to Mercado Pago by acquiring companies and/or credit card brands, as a result of chargebacks related to the International Payments or the use of the Services in relation to any illegal activities or other activities prohibited under these Terms and Conditions..

Mercado Pago’s Liability. Mercado Pago’s liability before the User shall be limited to material, direct, quantifiable, provable and foreseeable damages, attributable to faulty actions or omissions of Mercado Pago.

 

8. Specific conditions for each jurisdiction

8.1. Mexico

In Mexico, the Service is provided by MP Agregador, S. de R.L. de C.V. (“MP Standard” or “Mercado Pago”). The User’s Account is not a deposit account and will not hold funds at any time.

• Prohibited Uses

The User declares that the purpose for which the Services are used: (i) does not infringe any applicable law and is not related to any fraudulent, illegal or criminal activity, (ii) is not connected to any  service, sale, or transmission that is prohibited by law or these Terms and Conditions, as stated in the list of  Prohibited Activities, and (iii) does not involve any activity that may directly or indirectly lead to civil liabilities for Mercado Pago. 

Mercado Pago may reject, cancel, or suspend the Service, and/or temporarily or definitively block or cancel access to and use of a Mercado Pago Account at any time due to any suspicion or indication that the Services are used in connection with any fraudulent or illegal activity, or any activity contrary to these Terms & Services. In such a case, the User will be exclusively and unlimitedly liable for damages that may have been caused to Mercado Pago, its controlling entities, subsidiaries, affiliates, officials, employees, directors, agents, and/or employees, for which Mercado Pago reserves the right to initiate any legal or extrajudicial actions it deems appropriate.

• Applicable Law and Dispute Resolution

The use of the Services in Mexico shall be governed in all respects by the laws of Mexico City, Mexico, and subject to the exclusive jurisdiction and venue of the courts located in such city. 


9. Modifications to the Terms and Conditions 

Mercado Pago may modify these Terms and Conditions of Use at any time. Mercado Pago will notify the User of the changes by publishing an updated version of the terms and conditions, stating the date of the last modification. All the modified terms will enter into force 10 (ten) days after their publication.