Website terms and conditions of Use- Chile
Current version: February 11, 2022
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- Sanctions
In the event that the User infringes a law or the Terms and Conditions, we may temporarily or definitively warn, suspend, restrict or shut down their account, without prejudice to other sanctions established in the specific rules which govern the use of the Mercado Libre services.
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.
n 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- Indemnity
The User shall hold Mercado Libre and its related companies, as well as those who direct, succeed, manage, represent and/or work in them, harmless for any administrative or judicial complaint initiated by other Users, third parties or by any Entity, related to their activities in the MELI Ecosystem.
By virtue of that liability, they may provide compensation, withholding or other measures necessary for the repair of losses, damages, of whatever type.
11- Appendices
In addition to these Terms and Conditions, each MELI Ecosystem service has its own rules of use:
Marketplace
Marketplace VIS
Mercado Puntos
Mercado Shops
Mercado Pago
Mercado Envios
12- Jurisdiction and Applicable Law
These Terms and Conditions are governed by local law.
Any dispute arising from its application, interpretation, execution or validity will be resolved by the ordinary national courts with jurisdiction, as capital related, unless specific provision of public order governs, such as legislation related to the Consumer. 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