Website terms and conditions of Use- Chile
Last Modified: 13/08/2024
Summary of Terms and Conditions
Mercado Libre is a technology company that offers services mainly related to e-commerce and digital payments.
The Marketplace is an e-commerce platform where Users can sell and buy products using different payment and shipping solutions.
On VIS Marketplace, we connect people interested in closing deals involving vehicles, properties, and services with potential sellers.
Mercado Pago is a payment and collection platform that can be used for transactions made both inside and outside the Marketplace.
Envios in Mercado Libre is the technological tool we offer so that Users can ship and receive their purchases made on websites or applications that use Mercado Libre's technology.
We also offer other services such as Mercado Shops, Mercado Ads, Mercado Credito, among many others, all with the same purpose: to democratize commerce and financial services in the region.
In order to operate on the platform, all Users must accept the Terms and conditions, the annexes, and the Privacy Statement.
Each User is responsible for the personal data provided at the time of registration and is obliged to keep it updated. In addition, they are solely responsible for the use and safekeeping of their password.
In some cases, we can charge a fee for the use of the services that make up Mercado Libre's ecosystem, which the User agrees to pay.
1- Mercado Libre
Mercado Libre is a technology company that offers services primarily related to e-commerce and digital payments.
The services offered by Mercado Libre on www.mercadolibre.cl and www.mercadopago.cl and their mobile applications (hereinafter: the “Website”) are designed to form an ecosystem that allows people to sell, buy, pay for, and ship products and to conduct other business activities with applied technology (hereinafter: the “MELI Ecosystem”).
2- Terms and Conditions
These terms and conditions and the appendices that explain the MELI Ecosystem services (hereinafter: the “Terms and Conditions”) govern the relationship between Mercado Libre and the individuals and legal entities who use its services (the “Users”).
Users agree to these Terms and Conditions from the moment they register on the Website and use the MELI Ecosystem.
When we need to make major changes to our services, we will publish the modifications 10 calendar days in advance so that Users can review them and continue to use the MELI Ecosystem. In no event will they affect transactions that have already been completed.
Users who have no outstanding obligations to Mercado Libre or other Users may terminate the relationship with Mercado Libre by canceling their account.
3- Capacity
Our services may be used by adult individuals which have the legal capacity to engage.
Anyone who uses the MELI Ecosystem on behalf of a company must have the capacity to engage in its name. In addition, in order to use the account, the User must be active.
4- Registration and Account
Anyone who wants to use our services will need to complete the registration form with the details that are required of them. By completing it, they are committed to doing so accurately, precisely and truthfully and to always maintaining their information up to date. The User shall be solely responsible for the correctness of their registration data. Without prejudice to the information provided in the form, we may request and/or consult additional information in order to corroborate the identity of the User.
The account is personal, unique and non-transferable, meaning that it may not be sold or assigned to another person under any circumstances. It is accessed with the personal password chosen and which must be maintained as strictly confidential. Therefore, the User will be solely responsible for the transactions that are carried out on their account. If the User detects any unauthorized use of their account, they must immediately and reliably notify Mercado Libre.
We may refuse a registration request or cancel an already accepted registration, without this resulting in a right to compensation. Users who have previously had their accounts shut down may not register again on the Website. Nor may register those who are included or related to persons included in national or international sanction lists. Learn more.
In addition, in the event of detecting the use of more than one account, we may apply withholding, debits and/or any other measure if we believe that such action may cause damage to the other users of the Website or of Mercado Libre, in addition to the sanctions that may be applicable.
5- Data privacy
At Mercado Libre we make responsible use of personal information, protecting the privacy of the Users who have entrusted us with their data and taking the necessary measures to ensure the security of our MELI Ecosystem. Learn more about our Privacy Statement.
6- Access to Other Commercial Information
In addition to the provisions of the previous sections, Mercado Libre offers tools, applications, and services based on other commercial information provided by the Users and/or generated when using the services of the MELI Ecosystem, to help Sellers optimize their sales, increase their sales volume, and manage their business. We may also use the information to offer users promotions, products, and services from other companies or through co-branding, and it may also be used in fraud prevention programs and other measures aimed to increase the security of the Marketplace, the Users, and compliance with the Terms and Conditions. Learn more about our policies of Access to Information.
7- Liability
Mercado Libre is liable for any defect in the provisioning of its service, to the extent attributable to it and to the extent provided for under current laws.
8- Fees
Mercado Libre shall charge for its services and the User agrees to pay for these on time.
We may edit or remove the fees at any time with due notice as described in Clause 2 of these Terms and Conditions. Additionally, we may temporarily modify fees for promotions in favor of the Users.
The User authorizes Mercado Libre to withhold and/or debit existing and/or future funds from their Mercado Pago account and/or the bank accounts that they have registered within it, to pay the unpaid fees or any other debt that they may have incurred.
For details about the fees for each service, the Users should refer to the corresponding terms and conditions.
In all cases, the invoice will be issued in accordance with the tax details that individuals have entered into to their account.
9- Intellectual Property
Mercado Libre and/or its related companies own all intellectual property rights corresponding to all of their websites, all their content, services, products, trademarks, trade names, logos, designs, images, advertising slogans, copyrights, domains, computer programs, codes, developments, software, databases, information, technology, patents and utility models, industrial designs and models, trade secrets, among other concepts (“Intellectual Property”) and these are protected under national and international laws.
Although Mercado Libre grants permission to use its products and services in accordance with the provisions of the Terms and Conditions, this does not imply an authorization to use its Intellectual Property, except with the prior, express consent of Mercado Libre and/or its related companies. In any case, seller users using such products and services may not use the Mercado Libre Intellectual Property in a manner that results in confusion for the public and must carry out their commercial activity under their own distinctive trademark or trade name, which is not confusing with the Mercado Libre brand nor with its family of “Mercado” brands.
Using our products or services for illegal purposes, performing any type of reverse engineering or contributing to derivative works, using search or data extraction tools or content from our platform for reuse, and/or for the creation of proprietary databases that include all or a portion of our content without our express permission is prohibited. Misuse, unauthorized use and/or use contrary to current regulations and/or which generates confusion or implies denigrating use and/or that results in limitation, damage or losses to Mercado Libre and/or its related companies is also prohibited. The use of Mercado Libre products and services also does not imply authorization for use of the intellectual property of third parties that may be involved, the use of which will be at the sole responsibility of the user.
In the event that a User or any listing infringes the Intellectual Property of Mercado Libre or third parties, Mercado Libre may remove such listing in whole or in part), and sanction the user in accordance with the provisions of these Terms and Conditions in addition to furthering the corresponding extrajudicial and/or judicial actions.
10- Intellectual Property
Mercado Libre and/or its related companies are owners of or licensees with sufficient rights over all intellectual property rights over its websites, all its content, services, products, trademarks, trade names, logos, designs, images, slogans, copyrights, domains, computer programs, codes, developments, software, databases, information, technology, patents, utility models and industrial designs, trade secrets, among others ("Intellectual Property"), and are protected by national and international laws.
Although Mercado Libre grants permission to use its products and services as provided in the Terms and Conditions, this does not imply an authorization to use its Intellectual Property, except with the prior and express consent of Mercado Libre and/or its related companies. In any case, Sellers that use such products and services may not use Mercado Libre's Intellectual Property in a way that causes confusion among the public and must carry out their commercial activities under their own distinctive trademark or trade name, which cannot be confused with Mercado Libre's brand and its family of "Mercado" brands, in accordance with the guidelines of the Legal Brandbook.
It is prohibited to use our products or services for illegal purposes, to carry out any kind of reverse engineering or derivative works, to use search or data extraction tools and contents from our platform for their reuse and/or to create databases that include all or parts of our content without our express authorization. The improper use, without authorization and/or contrary to the regulations in force, and/or that generates confusion or implies denigratory use and/or that causes damage, harm, or loss to Mercado Libre and/or to its related companies is also prohibited. The use of Mercado Libre's products and services does not imply authorization to use the intellectual property of any third party that may be involved, which use shall be under the User's exclusive responsibility.
In the event that a User or any listing infringes Mercado Libre's or third parties' Intellectual Property, Mercado Libre may remove such listing partially or in its entirety, apply sanctions to the User in accordance with the provisions of these Terms and Conditions and exercise the corresponding extrajudicial and/or judicial actions.
11- Indemnity
The User shall indemnify Mercado Libre and its related companies, as well as those who manage, succeed, administer, represent and/or work for them, against any administrative or judicial complaint filed by other Users, third parties, or any Agency, related to their activities on the MELI Ecosystem.
By virtue of this responsibility, they may make compensations, retentions, or take other necessary measures for the reparation of losses, damages, and prejudices, whatever their nature.
12- Annexes
In addition to these Terms and Conditions, each service of the MELI Ecosystem has its own rules of use:
- Marketplace
- Marketplace VIS
- Meli+
- Mercado Play
- Mercado Shops
- Mercado Pago
- Envios in Mercado Libre
13- Jurisdiction and Applicable Law
These Terms and conditions are governed by Chilean Law. Any controversy derived from their application, interpretation, execution or validity will be resolved by the competent national ordinary courts, located in Chile's capital, except for specific provisions of public order regulations, such as the Consumer Law. For all purposes related to these Terms and Conditions and the use of the website, Mercado Libre Chile Limitada appoints Mr. Alan Meyer Frankfurt, social security number 16.365.917-4, domiciled at Av. Apoquindo 4800, Torre 2, piso 21, Las Condes, Santiago - Chile.