SAFETY POLICY & COVID-19
Effective: June 22, 2021
1. LEGAL CONTRACT
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ESSGO.
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the ESSGO DELIVERY APPLICATION (the “ESSGO APP”).
All references to “you” or “your,” as applicable, mean the person who accesses the ESSGO APP. If you use the ESSGO APP on behalf of a third party, you certify that you are authorized to do so.
2. ESSGO MOBILE APPLICATION
The ESSGO APP is a free mobile application that connects consumers with retail stores and restaurants (“Merchant”), and with delivery couriers (“Couriers”), to facilitate on-demand delivery or pickup services. Through the use of the ESSGO APP, consumers may request that merchandise or food be made available for pick-up or delivered to them (the “Services”) from a Merchant by Couriers who contract with ESSGO to access the ESSGO APP and receive delivery opportunities.
ESSGO does not guarantee the quality of what Merchants sell and does not independently verify, and is not liable for, representations made by Merchants regarding their products on the ESSGO APP.
The Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of ESSGO. The Couriers have entered into independent contractor agreements with ESSGO, which require them to comply with all applicable federal, state, and local laws, rules and regulations. ESSGO shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. You hereby acknowledge that ESSGO does not supervise, direct, control, or monitor a Courier’s provision of services and expressly disclaims any responsibility or liability for the services performed.
As provided in greater detail in these Terms, you agree and acknowledge the following terms:
(i) Your use of the ESSGO APP may be subject to separate third-party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
(iii) The ESSGO APP is provided "as is" without warranties of any kind, and ESSGO’s liability to you is limited; and
(iv) Disputes arising under these Terms will be resolved by binding arbitration.
By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; and (ii) you have not previously been suspended, banned, or removed from the ESSGO APP.
4. ACCOUNTS AND REGISTRATION
To access the ESSGO APP, you must register for an account. Only one account per phone numbers is permitted. When you register for an account, you will be required to provide us with some information about yourself including your name, credit card information, e-mail address, phone number, profile image, etc. You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center. ESSGO will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by ESSGO or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
You may cancel your account at any time and for any reason by sending an email to ESSGO at email@example.com .
5. SCOPE OF LICENSE
The ESSGO APP is licensed to you for use only under the terms of this license. ESSGO reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, ESSGO hereby grants you a personal, limited, non-assignable, non-transferable, and revocable license to access the ESSGO APP on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the ESSGO APP. The ESSGO APP cannot be used to ship, send, or store illegal or hazardous materials or controlled substances. The ESSGO APP cannot be used to promote or commit crimes or assist others to do the same.
ESSGO at its sole discretion may revoke this license at any time and for any reason. You may not modify, alter, reproduce, distribute or make the ESSGO APP available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the ESSGO APP. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by ESSGO that replace and/or supplement the original ESSGO APP, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
6. PAYMENT TERMS
a. General Payment Terms
You understand that the prices for product or menu items displayed through the ESSGO APP may differ from the prices offered or published by Merchants for the same product or menu items and/or from prices available at other third-party websites/mobile applications. Prices for product or menu items displayed through the ESSGO APP may not be the lowest prices at which the product or menu items are sold.
ESSGO does not always know how much a Merchant will charge for a particular product or menu item. Where your cart includes product or menu items for which ESSGO does not know the exact price to be charged by the Merchant, ESSGO may designate an estimated subtotal for such product and menu items (the “Estimated Subtotal/Bidding Price”). Similarly, where ESSGO does not know the exact price of certain or all fees associated with the order, including any applicable taxes and/or ESSGO fees, we may designate an estimate for such fees (the “Estimated Fees/Bidding Price”). If you have included product or menu items in your cart that are subject to Estimated Subtotal and/or Estimated Fees, we will provide you with an estimated total. Merchants may charge more or less than the Estimated Subtotal for products or menu items you order. Similarly, we may charge more or less than the Estimated Fees based upon the final prevailing price of Merchant’s goods. In some cases, we may not be able to provide Estimated Subtotal or Estimated Fees, such as when the merchandise cost is unknown or we are otherwise unable to predict fees. ESSGO reserves the right to determine final prevailing pricing of all product or menu items ordered through the ESSGO APP. In cases in which prevailing pricing is different than the Estimated Subtotal and/or Estimated Fees, what you are ultimately charged may be different than the estimated total. You acknowledge and agree to pay the prevailing pricing and fees, even if they differ from the Estimated Subtotal and/or Estimated Fees. Please visit our Help Center to learn more about how product or menu items are priced.
Certain features of the ESSGO APP may require you to pay fees to ESSGO. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. From time to time, ESSGO may change or add fees for use of the ESSGO APP. You will have an opportunity to review and accept an estimate of the fees that you will be charged. We encourage you to check our Site or visit our Help Center periodically to learn more about how we charge for the ESSGO APP.
ESSGO will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information.
Charges paid by you are final and non-refundableand will be quoted in the local currency of the location where the order is being delivered or picked up. ESSGO in its sole discretion may provide consumers with refunds, courtesy delivery or product credits, or make promotional offers with different features and different rates to any consumers. These credits and offers may be used for future transactions on the ESSGO APP. Such credits or offers are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. ESSGO reserves its right to expire, limit, or modify any credits or promotion at any time. If your account is cancelled for any reason, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.
b. Payment Authorization
You hereby authorize ESSGO to charge all sums for orders that you make to the payment method designated in your account. When you place an order through ESSGO, a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase. The amount of this pre-authorization hold may be greater or less than the order total quoted at checkout. Your payment, however, will be captured up to 24 hours after your order is completed or cancelled. If the pre-authorization is greater than the final amount, the difference will be released after your order is completed or cancelled; depending on your bank, it may take up to five business days to receive access to these released funds.
c. Delinquent Accounts
If payment due on your account becomes delinquent and you do not cure the delinquency within five calendar days, we may suspend or terminate your access to the ESSGO APP, place your account with a collection agency/debt collector; and you may be subject to a collection related fees and costs. If you do not bring your ESSGO balance current after we provide you with notification that your account is in arrears, we reserve the right to suspend or terminate your access to your Unlimited subscription or convert your Unlimited subscription to a non-subscription account. You will be responsible for paying all past due amounts. If you have questions regarding an outstanding balance on your account, please contact us via our Help Center.
If your payment card expires or is replaced by your issuing bank, the card network may provide us with updated card details associated with the same account. We may use these new details in order to help prevent any interruption to the ESSGO APP. If you would like to use a different payment method or remove a saved payment method from your account, please visit your account settings to update your billing information.
d. Consumer Not Available
ESSGO reserves the right to charge you the full order amount, including any ESSGO fees, if you are not at the designated delivery location when the Courier arrives to complete the delivery or if you fail to pick up an order from a Merchant.
e. Cancelled Orders
If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation. You can learn more about order cancellations in our Help Center.
f. Returned Items
If an item has to be returned for any reason, you may be subject to a non-refundable $15 return/restocking fee. For alcohol items, the Courier reserves the right, at his or her discretion, to refuse delivery and return the item(s) if the name on your ID does not match the name on your order, you cannot provide a bona-fide government-issued photo identification that shows you are of legal drinking age, or if you are visibly intoxicated.
7. THIRD-PARTY INTERACTIONS
a. Third-Party Providers
During use of the ESSGO APP, you may purchase goods and services from third-party Merchants through the ESSGO APP. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable Merchant. ESSGO and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party Merchant. In no event shall ESSGO or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or any third-party Merchant. Some third-party Merchants may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and ESSGO disclaims any and all responsibility or liability arising from such agreements between you and a third-party Merchant.
The ESSGO APP enables you to engage third-party Couriers to provide delivery services. Any interactions or disputes between you and a Courier are solely between you and that Courier. ESSGO and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.
Certain transactions between you and the Couriers may involve deliveries to and from a foreign country. It is your sole responsibility to ensure that all items coming in and/or leaving the United States of America and the foreign country, comply with all laws, rules, and regulations of each respective country.
c. Third-Party Advertising
The ESSGO APP may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.
d. Links to Third Party Sites
The ESSGO APP may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
8. YOUR USE OF THE ESSGO APPLICATION
In order to use the ESSGO APP, you agree to the following:
(i) The ESSGO APP, including any content that forms part of the ESSGO APP, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
(ii) You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
(iii) Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the ESSGO APP, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the ESSGO APP without prior written authorization;
(iv) You agree not to bypass any security or other features of the ESSGO APP designed to control the manner in which the ESSGO APP is used, harvest or mine content from the ESSGO APP, or otherwise access or use the ESSGO APP in a manner inconsistent with individual human use; You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other ESSGO APP account without permission;
(v) You agree not to decipher, reverse engineer, decompile or disassemble the ESSGO APP, or the software used to provide the ESSGO APP, in whole or in part, or authorize, direct, or cause a third party to do so;
(vi) You agree not to use, display, mirror, frame or utilize framing techniques to enclose the ESSGO APP, or any portion thereof, unless and solely to the extent ESSGO makes available the means for embedding any part of the ESSGO APP;
(vii) You agree not to access, tamper with, or use non-public areas of the ESSGO APP, ESSGO’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of ESSGO’ providers;
(viii) You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the ESSGO APP or to extract data;
(ix) You agree not to use the ESSGO APP in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ESSGO is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the ESSGO APP;
(x) You agree that your use of the ESSGO APP may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and
(xi) You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the ESSGO APP.
Transactions involving Alcohol. Alcoholic beverages (including but not limited to beer, wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may only be purchased by consumers who are of Legal Age. If you are a consumer, you expressly represent and warrant that: (i) you are of Legal Age; and (ii) you will provide bona fide government-issued photo identification to your Courier upon delivery to you. Valid forms of identification include but are not limited to: (i) a valid motor vehicle operator’s license, (ii) a passport issued by the U.S. or by a foreign government, or (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age. Deliveries of Alcoholic Beverages may not be made to anyone who is intoxicated, regardless of his or her age. You further understand and acknowledge that neither ESSGO nor the Courier can accept your order of Alcoholic Beverages, and the order will only be delivered if the third-party Merchant accepts your order.
You agree not to do any of the acts described in this Section 8, or to assist or permit any person in engaging in any of the acts described in this Section 8.
9. CONSENT TO USE OF DATA
10. INTELLECTUAL PROPERTY OWNERSHIP
The ESSGO APP, and the media and materials contained in the ESSGO APP, including all intellectual property rights in the ESSGO APP, are the sole and exclusive property of ESSGO and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by ESSGO in these Terms are expressly reserved.
11. CONTENT YOU PROVIDE THROUGH THE ESSGO APPLICATION
a. Content You Provide
You may be able to submit, post, upload, denote, or otherwise make available (collectively, “Post”) photographs, video clips, reviews, ratings, favorites, liked items, bookmarked Merchants, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”) (that may or may not be viewable by other users) through the ESSGO APP or through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (“Interactive Areas”).
b. Use of Your Content
c. User Content Representations
You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that ESSGO does not control, and is not responsible for, User Content, and that by using the ESSGO APP, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless ESSGO for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
d. User Content Review
You acknowledge and agree that ESSGO and its designees may or may not (but do not assume any obligation to), at ESSGO’ discretion, pre-screen User Content before its appearance on the ESSGO APP. You further acknowledge and agree that ESSGO reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the ESSGO APP. Additionally, ESSGO has the right to remove any User Content that violates these Terms or is otherwise objectionable in ESSGO’ sole discretion. You acknowledge and agree that ESSGO does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
e. Ratings and Reviews
The ESSGO APP and other Interactive Areas may allow you to rate (“Ratings”) and Post reviews (“Reviews”) of Merchants. Such Ratings and Reviews are considered User Content and are governed by these Terms, including, without limitation, your agreement regarding your use of the ESSGO APP. Ratings and Reviews are not endorsed by ESSGO, and do not represent the views of ESSGO or of any affiliate or partner of ESSGO. ESSGO does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (i) you must have had first-hand experience with the Merchant within the seven-day period prior to your Posting a Rating or Review; (ii) you may not have a proprietary or other affiliation with either the Merchant or any of its competitors; (iii) you may not draw any legal conclusions regarding the Merchant’s products, services, or conduct; (iv) you may not promote or criticize a Merchant other than the one being rated or reviewed; (v) you may not include others’ personal information; and (vi) your Rating or Review must otherwise comply with these Terms. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, and/or the ESSGO APP may be removed or excluded by us without notice.
a. Text Messaging
By using the ESSGO APP, you agree that ESSGO and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the ESSGO APP, as well as marketing or other promotional messages. You will not be able to use the ESSGO APP without agreeing to receive operational text messages. You may opt-out of receiving marketing text messages at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while ESSGO processes your request, and you may also receive text messages confirming the receipt of your opt-out request. If you do not want to receive operational text messages from ESSGO, do not place orders through the ESSGO APP. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the ESSGO APP. If you change or deactivate the phone number you provided to ESSGO, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.
b. Push Notifications
When you install the ESSGO APP on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.
ESSGO may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
d. E-SIGN Disclosure
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by contacting us via the Help Center with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need: (i) a device (such as a computer or mobile phone) with a web browser and Internet access, and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, please contact us via the Help Center with contact information and the address for delivery.
You are responsible for your use of the ESSGO APP, and you agree to defend (at ESSGO’s option), indemnify, and hold harmless ESSGO and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
(i) Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(ii) Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(iii) Any dispute or issue between you and any third party, including any Courier, Merchant, or other third-party.
essGO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, ESSGO may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without ESSGO’ prior written consent.
14. DISCLAIMER OF WARRANTIES
YOUR USE OF THE ESSGO APP IS AT YOUR SOLE RISK. THE ESSGO APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY ESSGO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ESSGO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE ESSGO APP. ESSGO DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE ESSGO APP WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE ESSGO APP OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE ESSGO APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE ESSGO APP OR THE SERVER(S) THAT MAKE THE ESSGO APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ESSGO’ ESSGO APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ESSGO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
ESSGO RELIES UPON MERCHANTS, INCLUDING, BUT NOT LIMITED TO, RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. ESSGO DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE ESSGO APP IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE ESSGO APP IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION.
ESSGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR ESSGO APP ADVERTISED OR OFFERED BY A MERCHANT OR OTHER THIRD PARTY THROUGH THE ESSGO APP OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND ESSGO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL ESSGO’S AGGREGATE LIABILITY EXCEED THE ESSGO FEES ACTUALLY PAID BY YOU TO ESSGO IN THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100.00, WHICHEVER IS LESS. IN NO EVENT SHALL ESSGO AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF ESSGO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES. THE ESSGO APP CONNECTS YOU TO COURIERS AND MERCHANTS FOR THE PURPOSES OF FACILITATING COURIER AND PRODUCT FULFILLMENT SERVICES. ESSGO WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY COURIERS OR MERCHANTS, AND YOU EXPRESSLY WAIVE AND RELEASE ESSGO FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE COURIERS OR MERCHANTS. ESSGO WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS ON THE ESSGO APP, AND YOU EXPRESSLY WAIVE AND RELEASE ESSGO FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, AND THE ITEMS THEY PROVIDE. ESSGO WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY COURIERS, OR MERCHANTS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE ESSGO APP (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE ESSGO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE ESSGO APP, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE ESSGO APP.
THE QUALITY OF THE COURIER PROVIDING SERVICES THROUGH THE USE OF THE ESSGO APP IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY COURIER WHO ULTIMATELY PROVIDES DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE ESSGO APP, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE ESSGO APP AT YOUR OWN RISK.
ESSGO may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the ESSGO APP or via email to the email address listed on your ESSGO account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given seven days after dispatch.
Except as explicitly described in the Dispute Resolution and Arbitration section, you may give notice to ESSGO (such notice shall be deemed given when received by ESSGO) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to ESSGO at the following address: 5130 gateway Blvd E Suite 110 El PasoTX79905
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
18. TERM AND TERMINATION OF AGREEMENT
These Terms are effective until terminated by you or ESSGO as described below. Your rights under these Terms will terminate automatically without notice from ESSGO if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, ESSGO may in its sole discretion terminate your user account on the ESSGO APP or suspend or terminate your access to the ESSGO APP at any time without notice. We also reserve the right to modify or discontinue the ESSGO APP at any time (including by limiting or discontinuing certain features of the ESSGO APP) without notice to you. We will have no liability whatsoever on account of any change to the ESSGO APP or any suspension or termination of your access to or use of the ESSGO APP. You may terminate these Terms at any time by closing your account, uninstalling the ESSGO APP, and ceasing use of the ESSGO APP
19 DISPUTE RESOLUTION AND ARBITRATION
ESSGO is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, any Courier, or Merchant, or other third party. Disputes between you and ESSGO are subject to this Section 19. You and ESSGO agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.
In the interest of resolving Disputes between you and ESSGO in the most expedient and cost effective manner, you and ESSGO agree that every Dispute arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the ESSGO APP, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ESSGO ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Despite the provisions of the paragraph directly above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; or (iii) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and ESSGO shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by these Terms, and administered by JAMS. The JAMS Rules and fee information are available at www.jamsadr.org or by calling JAMS at 1-800-352-5267. The arbitrator is bound by these arbitration terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrabilty of this Section 19.
e. Notice Process
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or ESSGO may commence an arbitration proceeding. A party who intends to seek arbitration must first send a written notice of the Dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice").
ESSGO’ address for Notice is: 6401 Eastridge RD Apt 807 Odessa Texas 79962
The Notice must: (1) Describe the nature and basis of the claim or dispute; and (2) Set forth the specific relief sought ("Demand").
If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. If the arbitrator finds the arbitration to be non-frivolous, ESSGO will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Texas, United States of America. You and ESSGO further agree to submit to the personal jurisdiction of any federal or state court in El Paso County, Texas in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If a claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (1) Solely on the basis of documents submitted to the arbitrator; or (2) Through a non-appearance based telephone hearing.
If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In that case, you agree to reimburse ESSGO for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
g. No Class or Representative Actions
YOU AND ESSGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and ESSGO agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Except for inconsequential changes that do not affect any rights or obligations herein, ESSGO will provide 30 days' notice of any changes to this section by posting on the ESSGO APP, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective 30 days after they are posted on the ESSGO APP or sent to you, or otherwise notified when you are logged into your account. Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on "Modifications" is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute Resolution and Arbitration,” and the court or arbitrator shall apply the first Dispute Resolution and Arbitration section in existence after you began using the ESSGO APP. You may otherwise reject the change by sending us written notice within 30 days of the change to ESSGO’ address for Notice, in which case your account with ESSGO will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
20. MODIFICATION OF THESE TERMS
Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the ESSGO APP, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the ESSGO APP following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the ESSGO APP, or other similar mechanism.
You acknowledge and agree that if ESSGO modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with ESSGO to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).
Except as explicitly described in the Dispute Resolution and Arbitration section, material changes to these Terms will be effective upon the earlier of: (i) your first use of the ESSGO APP with actual notice of such change; or (ii) 30 days from posting of such change.
You acknowledge and agree that when using the ESSGO APP, you may have direct or indirect access or exposure to ESSGO’ confidential information ("Confidential Information"). Confidential Information includes ESSGO’ data, provider IDs, user information, delivery recipient information, delivery provider information, package information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that ESSGO designates as being proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that: (i) all Confidential Information shall remain the exclusive property of the ESSGO; (ii) you shall not use Confidential Information for any purpose except in furtherance of your use of the ESSGO APP; (iii) you shall not disclose Confidential Information to any third party; and (iv) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the ESSGO APP or at the request of ESSGO.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (i) is or becomes part of the public domain through no action or omission by you; (ii) was possessed by you prior to your use of the ESSGO APP without an obligation of confidentiality; or (iii) is disclosed to you by a third party having no obligation of confidentiality with respect thereto.
Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and ESSGO agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within El Paso County, Texas for the purpose of litigating any Dispute. We operate the ESSGO APP from our offices in Texas, and we make no representation that materials included in the ESSGO APP are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, ESSGO or any third-party provider as a result of the Terms or use of the ESSGO APP.
Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of ESSGO to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ESSGO in writing.
Entire Agreement. These Terms comprise the entire agreement between you and ESSGO and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
23. International Items Delivey
Essgo Delivery reserve the right to deny service and/or cancel order to anyone who violates the United States Customs & Border Protection laws and/or 40 agencias such as U.S. Fish and Wildlife Service, the U.S. Department of Agriculture and the Centers for Disease Control and Prevention.
Prohibited & Restricted Items
You shall not
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the App in any way;
(ii) modify or make derivative works based upon the Platform or the App;
(iii) create Internet “links” to the Platform, alternate access to Services, or “frame” or “mirror” any App on any other server or wireless or Internet-based device;
(iv) reverse engineer or access the Platform or App to copy any ideas, features, functions or graphics of the Platform or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform or App, or otherwise;
(v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Platform or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App; (vi) attempt to gain unauthorized access to the Platform or App or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Platform or App; or (vii) use our Platform or App to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Prohibited means the item is forbidden by law to enter the United States. Examples of prohibited items are dangerous toys, cars that don't protect their occupants in a crash, bush meat, or illegal substances like absinthe and Rohypnol. Restricted means that special licenses or permits are required from a federal agency before the item is allowed to enter the United States. Examples of restricted items include firearms, certain fruits and vegetables, animal products, animal by products, and some animals.
Please visit U.S CBP or contact the department for more information, https://www.cbp.gov/travel/us-citizens/know-before-you-go/prohibited-and-restricted-items.
Officers have legal authority to search you, your baggage or your vehicle. If asked to, place your opened baggage on the exam station. After the exam, you will be asked to repack and close your baggage.
CBP pledges to treat you courteously and professionally. If at any point you are unhappy with your treatment, ask to speak to a CBP supervisor. You may also call the CBP INFO Center at 877-227-5511. If calling within the United States, call 202-325-8000 or go to www.cbp.gov and click on Questions/Comments.
Essgo will endvaour to protect the company “essgo delivery” first the driver and its subscribers customer. We will advice our legal team about such order placed on the platform and educate all drivers about such requirement and recommendation the U.S CBP laws. We will also advise customers who place order in the platform if such item is permitted before realizing or accepting the order, therefore we will not be responsible or abligated or be compromise to deliver such items.
In a case of illegal activity Essgo will cooperate and provide all information need by the U.S CBP agency. This will include contact information and other subscribers information. We believe in protecting the residents and citizen of America and bring any illegal items can be harmful to them. This category of delivery is intend to help those who struggle to cross to Mexico and make it easier to get items need.
If Customer/subscriber is not sure if such Item is legal to cross please reach our support contact email, email@example.com or for management firstname.lastname@example.org. We will help you identify if item is legal. If Item requires a permit, customer is responsible to pay for such permit through the department or agency. Customer is responsible to pay any other fees such as port of entry cost, permits, duty fee exemption, and/or CBPs fees. Customer is responsible is item is legal before submitting a order.
Your Responsibility and Liability
The Internet has made it easy to find and purchase items from almost anywhere in the world. However, many people are discovering that getting a foreign-bought item successfully delivered to the United States is much more complicated.
When goods move from any foreign country to the United States, they are being IMPORTED. There are specific rules and regulations that govern the act of importing - and they can be extremely complex and confusing - and costly.
That artisan cheese from Italy may be a snap to find and buy on the Internet, but U.S. Customs and Border Protection could seize your purchase because certain regulations prohibit the importation of dairy products from particular countries without a permit.
Your great auction purchase of gorgeous linen products? Depending upon the country of origin, quota restrictions could hold them up in CBP for a long time. And storage charges in such cases can be expensive.
In other words, "Buyer, Beware." When you buy goods from foreign sources, you become the importer. And it is the importer - in this case, YOU - who is responsible for assuring that the goods comply with a variety of both state and federal government import regulations. Importing goods that are unsafe, that fail to meet health code requirements, or that violate quota restrictions could end up costing you quite a bit of money in fines and penalties. At the very least, such goods would be detained, and possibly destroyed, by CBP.
Knowing what is admissible is just part of the story. The other part is knowing how to import. Depending upon what you are importing and its value, the procedures can be very complicated.
It does not matter whether you bought the item from an established business or from an individual selling item in an on-line auction. If merchandise, used or new, is imported into the United States, it must clear CBP and may be subject to the payment of duty as well as to whatever rules and regulations govern the importation of that particular product into the United States.
Keep the following questions in mind before you buy something from a foreign source. The answers will have far-reaching CBP implications (explained below) that could influence your decision to buy.
Can the goods be legally imported? Are there restrictions on, or special forms required, for your purchase's importation?
Are you buying the item(s) for your personal use or for commercial purposes?
Will you be responsible for shipping costs? If so, you should discuss with the seller how your purchase will be shipped. The choices are freight, courier service or international postal service. If you're not careful, transportation and handling costs could far outweigh the cost of your purchase. Sometimes, the seemingly cheaper methods can be more expensive in the long run because they are more susceptible to theft, misdeliveries and logistical problems.
You should discuss with the seller what the exact delivery arrangements will be. If the seller does not make arrangements for postal or door-to-door delivery, you will either need to hire a customs broker to clear your goods and forward them on to you, or go the port of entry and clear them yourself.
Can you trust the seller to provide accurate information about the item being shipped in the Customs section of the shipping documents? Giving misleading or inaccurate information about the nature of the item and its value is illegal. And it is the importer - YOU - who could face legal action and fines for this violation!
The following is a brief primer on the various factors that can impact the clearance of your goods through CBP.
U.S. Customs and Border Protection Declarations
All paperwork for sending packages internationally has a section for providing CBP information. A U.S. Customs and Border Protection Declaration is a form obtainable at most foreign post offices. This declaration form should include a full and accurate description of the merchandise, and should be securely attached to the outside of your shipment. Declaration forms vary from country to country, and they don't all ask for the information required by the U.S. Customs and Border Protection. You should ask the seller to provide the following information, whether or not it is asked for on the paperwork.
Seller's name and address. Description of the item(s) in English (a legal requirement). For example, antique silver teapot, silk kimono, 18-karat gold rope necklace. It is very important that this information be detailed and accurate. What is described here will determine the classification number and duty rate that Customs assigns the item when it arrives in the United States. If this information is inaccurate, you could end up paying the wrong duty rate for what you purchased. If it is inaccurate enough to seem deliberately misleading -- keep in mind that CBP does randomly inspect packages -- your goods could be seized and you may be assessed a fine.
Quantity of each type of item being shipped. For example, two watches (14-karat gold, 17 jewel), one leather purse.
Purchase price in U.S. dollars. Provide both the unit price, and if more than one unit was purchased, the total value for all like items. Fudging or miscalculating the price paid for goods is a bad idea. Many sellers offer to misrepresent costs in an effort to save the purchaser from having to pay duty, but this is illegal. Others sellers are wary of package handlers and do not want them to know how valuable something may be, which could result in its theft. The most common legal precaution against theft is to insure the package when sending it. You should discuss insurance options with your seller, keeping in mind that misrepresenting the value of an item on the Customs declaration is illegal.
Weight of the item(s).
Country of origin of the product itself. Be aware that this is not necessarily the country where the item was purchased.
Note: It is important to know that foreign shipments that are not accompanied by a U.S. Customs and Border Protection declaration form and an invoice may be subject to seizure, forfeiture or return to sender.
Postal Service, Couriers and Freight
There are three ways goods can be sent to you from abroad. In order to avoid costly problems, you and the seller of your goods should agree on which will be used the international postal service, a courier service, or freight carriers.
International Postal Service: Merchandise shipped through the international postal service is forwarded upon its arrival in the United States to one of U.S. Customs and Border Protection International Mail Branches for clearance. If the item is less than $2,000 in value and is not subject to a quota or is not a restricted or prohibited item, a CBP official will usually prepare the paperwork for importing it, assess the proper duty, and release it for delivery. This procedure is generally referred to as a mail entry. Packages whose declared value is under $800 ($100 if being sent as a gift to someone other than the purchaser) will generally be cleared without any additional paperwork prepared by CBP. However, CBP always reserves the right to require a formal entry for any importation and generally exercises this option if there is something unusual about the importation, or if important documents such as an invoice or bill of sale do not accompany the item.
If any duty is owed, CBP will charge a processing fee for clearing your package. Duty and the processing fee are usually paid at your local post office, where your package is forwarded.
Hint: To speed a package through CBP examination at a port's International Mail Branch, the seller should affix a completed CN 22 or CN 23 (U.S. Customs and Border Protection Declaration Form) to the outside of the package. This form may be obtained at local post offices worldwide.
Plus: Pretty economical.
Pitfalls: If the item's value is more than $2,000, it may be held at the mail facility until you can arrange for a formal entry. This may require either hiring a customs broker to clear your goods or you may file the paperwork yourself.
Lost packages are hard to find. Since most packages sent through the mail do not have tracking numbers unless they are insured or you've paid to have a tracking number, it can be impossible to trace a "lost" package. If a package is lost a "tracer" should be initiated by the sender of the package.
Courier Shipping: Goods shipped by courier, express, or other commercial service usually are expedited through CBP by a customs broker hired by that commercial service and then delivered seamlessly to your door. Customs brokers are not CBP employees. There are a number of different charges associated with these services, including shipping and handling, the fees charged by the service for clearing the merchandise through CBP, as well as any Customs duty and processing fees that may be owed on your importation.
Pluses: Get seamless delivery. All you have to do is sign for the package when it arrives. In most cases delivery is quick and reliable. When there's a problem, there is a tracking number that can help resolve the matter.
Pitfalls: Many people have found the various charges and fees levied to be higher than they expected, and sometimes exceed the cost of their purchase(s).
Buyers often have the misunderstanding that when the purchase price includes shipping and handling, all the costs associated with clearing the package through CBP are covered by the seller. They don't realize that brokers fees and CBP duties may be an additional charge that the buyer is responsible for.
Freight Shipping: Merchandise shipped by freight can arrive in the United States at an air, sea or land port. If your goods are being shipped by freight, you should ask the seller to instruct the freight company to forward them to your doorstep, which may entail the shipper's use of a customs broker to clear your goods. Alternatively, ask that the goods be forwarded to a port of entry near where you live so that you can clear or "enter" them yourself (advisable only if the shipment is under $2000 in value. See Formal Entry below.)
Pluses: Can be economical, particularly, if you're prepared to handle the logistics of clearing the goods through Customs yourself. Also, the best way to handle large bulky purchases.
Pitfall: If the freight company has not been instructed to forward your goods, they could end up sitting on the dock at the port where they first entered the country.
U.S. Customs and Border Protection does not inform importers of the arrival of cargo or freight. When cargo or freight arrives at a U.S. port of entry, it is the responsibility of the shipper or a designated agent to inform the importer of its arrival. However, proper notification does not always happen, particularly, if the shipper has incomplete contact information for you, the importer. Therefore, it is important to find out the scheduled arrival date of your import and follow-up.
If you are not notified that your goods have arrived and you or your broker have not presented the proper paperwork to CBP within 15 days of your goods' arrival, your goods will be transferred to a warehouse, and you will be liable for storage charges. If you have not claimed your goods within six months of their arrival in the USA, they could be sold at auction. (See the Checklist under item #3.)
Importing Process Paying Duty: The importer is ultimately responsible for paying any duty owed on an import. Determining duty can be very complicated, and while shipping services will often give an estimate for what the duty rate on an item might be, only CBP can make a final determination about what is owed. You should not be misled into thinking your purchase price includes duty because the seller cannot say with absolute certainty what the duty will be. As a rule, a purchase price that includes shipping and handling does not include duty or any costs associated with clearing the goods through CBP. First time importers are often surprised by bills they receive for duty, U.S. Customs and Border Protection merchandise processing fee, and something referred to as "customs fees," which are actually charges for the services of the broker who cleared your goods through CBP.
How you pay duty depends on how your goods were shipped. If your goods were shipped through the International Postal Service, you will need to pay the mail carrier and/or go to your local post office to pay any duty and processing fees owed when your package arrives at that post office. If your goods were sent by a courier service, that service will either bill you for the duty they paid on your behalf or require payment on delivery.
If your goods were sent by freight, there are two possible scenarios for paying duty.
If no arrangements were made to forward the goods to your door, you will need to either clear them through CBP yourself, in which case you will pay duty directly to CBP at the port where your goods arrived. Alternatively, you will need to arrange for a broker to clear your goods. If you hire a broker, they will bill you for their services and any duty they paid on your behalf.
If arrangements were made to forward your goods to you, you will be billed for any duty owed, and for the services of the broker who cleared them through CBP.
Reminder: U.S. Customs and Border Protection holds the importer - YOU - liable for the payment of duty not the seller.
Personal vs. Commercial Use: Many import regulations only apply to goods imported for commercial - business or resale - purposes. For instance, most goods imported for personal use are not subject to quota. The one exception to this is made-to-measure suits from Hong Kong, which are subject to quota restrictions regardless of the use they are imported for. On the other hand, import restrictions that are based on health, safety and protecting endangered species apply across the board.
Note: U.S. Customs and Border Protection is authorized to make judgment calls about what qualifies as personal use. Several suits that are identical or a number of very similar handbags will have a hard time passing the credibility test as items for personal use.
For Commercial Purposes: Goods imported for commercial purposes must comply with a variety of special requirements, such as marking of country of origin, which vary depending upon the particular commodity. Please see our publication, "Importing Into the United States," for more detailed information. Be particularly aware that an invoice should always accompany commercial shipments.
Informal Entries: If the value of your purchase(s) is less than $2500 and your goods are being shipped by mail or freight, they may, in most cases, be imported as an informal entry. However, there are exceptions to this. For instance, if the importation is determined to be for commercial purposes, the value limit for filing an informal entry for many textile items is either $250 or $0 - depending on whether or not the item is subject to Quota (see below). Clearing goods through CBP as an informal entry is less arduous a process than clearing them by filing a formal entry. Essentially, when goods are cleared as an informal entry, CBP will prepare the paperwork, including determining the classification number and duty rate for your merchandise.
The duty rate for many items typically bought in an on-line auction is zero, however, CBP may charge a small processing fee for mail imports that do require the payment of duty.
If your goods are sent by a courier or express service, their brokers will usually handle the paperwork, and bill you for their services. If your goods are being shipped by freight, and you want to clear them through CBP yourself, be sure the shipping company has instructions to deliver them to a port near you. Otherwise, you will need to arrange for someone else to clear the goods for you when they arrive. Your alternative is to ask the seller to make arrangements to have your goods forwarded to your door, in which case you should expect to pay for the services of the customs broker who coordinates this when your goods arrive in the U.S.A.
Formal Entries: If your goods are valued at more than $2500, or for commercial textile shipments (clothes/materials) regardless of value, you will be required to file a formal entry, which can require extensive paperwork and the filing of a U.S. Customs and Border Protection bond. As mentioned above and for various reasons, CBP may require a formal entry for any importation. CBP, however, rarely exercises this right unless there is a particular concern about the circumstances surrounding an importation.
Because filing a formal entry can be complicated, the U.S. Customs and Border Protection recommends importers consider hiring a customs broker to complete the transaction. Lists of brokers can be found on the port pages of CBP web site.
One of the most difficult things about filing formal entries is accurately identifying the correct classification number of the item being imported. The Harmonized Tariff Schedule of the United States (HTSUS) lists classification numbers for every conceivable item under the Sun. The HTSUS is the size of an unabridged dictionary, and specialists train for months to learn how to correctly classify goods.
The classification number of an item determines many requirements pertaining to that item's importation such as its duty rate, eligibility for special import programs like the Generalized System of Preferences (GSP) or the North American Free Trade Agreement (NAFTA), and whether or not the item is subject to quota restrictions.
Failure to correctly classify an item can result in fines and/or delays in delivery. You may write to U.S. Customs and Border Protection for a binding ruling, and/or contact an import specialist at your local port for help to identify the proper classification number for your imported item.
In some cases, the quota is absolute, meaning that once the quota is filled - because the quota has reached its limit for that particular period of time - no additional quantities of that item may be imported until the next open period. Such merchandise must be warehoused or exported. Other quotas are tariff-related, which means that a certain quantity of goods may enter at a low rate of duty, but once that threshold is reached - during a specified period of time - a higher duty rate will be assessed for any additional quantities of that particular imported good. Unlimited quantities of some merchandise subject to tariff-rate quota may, however, enter at over the quota rates.
If you are importing goods for commercial use or resale, it's a good idea to contact your local port of entry for more specific information.
Fill levels for quotas are currently posted on the CBP Electronic Bulletin Board in the file called Quota Threshold Status. Fill levels for textile items can be found in the Quota section of Importing/Exporting.
The Quota program is generally applied only to commercial importations. While the importation of many goods imported under "personal use" quantities are not affected by quota restrictions, there is one exception; made-to-measure suits made in Hong Kong, which are restricted for both personal and commercial use.
Prohibited Merchandise: Purchasers should also be aware that some products might be considered contraband and cannot be brought into the United States under any circumstances. This includes the obvious, such as narcotics and child pornography, as well as less obvious items such as tainted food products, and other items, a list of which can be found in "Importing Into the United States." Such merchandise can be seized by CBP, and attempts to import it may subject the importer to civil or even criminal sanctions. If you have any question at all about your purchase, you should contact your closest CBP port and get an opinion before you complete the transaction.
Restricted Merchandise: Many items cannot be imported into the United States unless the importer has the proper permit or license from the appropriate regulatory authority. Some of the most common restricted items include food, plant and dairy products; alcohol and tobacco products; birds, fish or animals and products thereof, goods from embargoed countries, firearms and ammunition, cultural artifacts from certain countries, and copyrighted materials.
The entry of prescription medicines is restricted and subject to the approval of the U.S. Food and Drug Administration (FDA). Depending on the FDA review of the medicine, it may be released to the addressee or seized. There are, however, provisions allowing passengers to hand carry prescription drugs into the United States if they enter through a land border with Canada or Mexico.
Electronic Transmission Information: Materials downloaded from the Internet are not subject to duty. This applies to any goods or merchandise that are electronically transmitted to the purchaser, such as CDs, books, or posters. However, the unauthorized downloading of copyrighted items could subject you to prosecution. Downloading child pornography is also a crime. U.S. Customs and Border Protection has the authority to investigate and prosecute persons involved in this and other illegal activities.
If you are sending goods to someone outside the United States, you should be aware that most countries have similar regulations governing the importation of goods into their territory. If you are selling goods on a "Payment on Delivery" basis, you might want to contact the Customs authority of the country where the goods are being shipped to make sure they can legally be imported into that country. In addition, some commodities sold for export are subject to enforcement requirements of U.S. Customs and Border Protection and other U.S. government agencies. In particular, cars and goods with potential military applications, including some electronics and software, must be cleared through CBP before they are exported. And if you export goods worth more than $2,500, you will have to follow formal export procedures.
COVID-19 HEALTH AND SAFETY POLICY
essGO Delivery is committed to achieving and maintaining a safe and productive work environment for all employees/independent contractors. This includes providing a clean, healthy, safe, and secure work environment. To achieve this, essGO Delivery will take the following actions as we bring employees/independent contractors back to the worksite:
· Perform employee/independent contractor screening before entry
· Monitor employee/independent contractor health status while at work
· Enable contact tracing of exposed employees/independent contractors
· Follow social distancing guidelines
· Provide for workplace sanitation
· Require proper handwashing
· Require and provide for appropriate personal protective equipment
Each employee/independent contractor is expected and required to report to work ready, willing, and able to perform his or her assigned duties.
To help ensure a safe and healthy working environment, employees/independent contractors will be expected to adhere to all essGO Delivery procedures and guidelines.
Employee/independent contractor Screening/Monitoring
Employees/independent contractors may be asked to have their temperatures taken before entering the facility or any customer work location.
5130 Gateway BLVD E Suite 110 El Paso TX 79905
Under the Federal Americans with Disabilities Act, employees/independent contractors’ medical information must be kept confidential; therefore, any information about temperatures will be treated as confidential medical information and kept separate from the general personnel files.
The CEO is responsible for the employee/independent contractor health information policy. The CEO will determine which types of methods are used to collect the information, with consideration given to applicable state laws.
An employee/independent contractor who develop symptoms while at work are expected to come forward. The employee/independent contractor may be asked health-related questions and have their temperatures taken.
Employees/independent contractors who are found to have COVID-19 symptoms as defined by a public health agency, will be isolated from the rest of the work force, and sent home.
Social Distancing Guidelines
Employees/independent contractors may be asked to maintain social distancing while at the worksite to minimize the spread of germs and potential infection. Based on essGO Delivery policies or public health requirements, proper social distancing may include such work areas as the following:
· Meeting and conference rooms
· Lunchrooms, and break rooms
· Supply rooms or communal work areas (e.g., shared printer)
· Parking lots or garages (including carpooling)
· Hallways, stairwells, (e.g., one-way paths in hallways)
· Restrooms and changing rooms
· All on and off-site work locations (Client /Contractor locations are included in this policy).
The CEO may also determine that an effective way to aid in social distancing is to alter work shifts, limit the number of employees/independent contractors at a worksite, or encourage/require employees/independent contractors who are able to work remotely to do so.
The CEO is responsible for determining proper social distancing standards. Employees/independent contractors will be expected to comply with the standards that are established by the CEO, as well as be prepared to adapt based on safety and health protocols at work. Social distancing adjustments at a worksite may include the following:
· Physical modifications within offices and work areas
· Additional space between cubicles, desks, or chairs
· Plexiglass dividers between coworkers or customers
· Limits on personal items in work areas
To reduce the spread of germs, essGO Delivery may set limits and restrictions on nonessential work-related activities like shared treats, company picnics, social gatherings, celebrations, and potlucks. To maintain the highest level of health and safety at work, essGO Delivery encourages employees/independent contractors to follow all public health guidelines while off work.
The CEO will monitor employees/independent contractors social distancing at work and will address any concerns or issues with employees/independent contractors who do not comply (whether unknowingly or willfully).
essGO Delivery achieves and maintains a clean and safe work environment for all employees/independent contractors at the workplace.
Employees/independent contractors are required to follow a specific cleaning process to keep the work environment safe. This includes employee/independent contractors’ vehicles utilized during the work process. These include:
· Wearing disposable gloves to clean and disinfect.
· Cleaning surfaces using soap and water.
· Practicing routine cleaning of frequently touched surfaces. High-touch surfaces include: Tables, doorknobs, light switches, countertops, handles, desks, phones, keyboards, toilets, faucets, sinks, etc.
Employees/independent contractors must follow a specific disinfecting procedure to keep the work environment safe. This procedure needs to be done after the cleaning process. These include:
· Clean the area or item with soap and water or another detergent if it is dirty. Then, use a household disinfectant.
· Recommend use of household disinfectants registered by the Environmental Protection Agency (EPA). Follow the instructions on the label to ensure safe and effective use of the product. Many products recommend:
o Keeping surface wet for a period of time as manufacturer recommendations (see product label).
o Wearing gloves and making sure you have good ventilation during use of the product.
· Diluted household bleach solutions may also be used if appropriate for the surface. Be sure to:
o Check the label to see if the bleach is intended for disinfection.
o Ensure the product is not past its expiration date. Some bleaches, such as those designed for safe use on colored clothing or for whitening may not be suitable for disinfection. Unexpired household bleach will be effective against coronaviruses when properly diluted.
o Follow manufacturer’s instructions for application and proper ventilation.
o Avoid mixing household bleach with ammonia or any other cleanser.
o Leave solution on the surface for at least one minute.
· To make a bleach solution, mix:
o 5 tablespoons (one third cup) bleach per gallon of water, or
o 4 teaspoons bleach per quart cup of water
o Alcohol solutions with at least 70 percent alcohol may also be used.
Employees/independent contractors may also be asked to clean soft surfaces such as carpeted floors, rugs, and drapes:
· Clean the surface using soap and water, or with cleaners appropriate for use on these surfaces,
· Launder items (if possible) according to the manufacturer’s instructions. Use the warmest appropriate water setting and dry items completely, or
· Disinfect with an EPA-registered household disinfectant.
If sharing electronics (such as tablets, touch screens, keyboards, and remote controls), employees/independent contractors may also be asked to:
· Clean and disinfect the wipeable cover on electronics (if there is one).
· Follow manufacturer’s instruction for cleaning and disinfecting.
· Use alcohol-based wipes or sprays containing at least 70 percent alcohol (if there is no guidance).
· Dry surface thoroughly.
essGO Delivery is committed to achieving and maintaining a safe and productive work environment for all employee/independent contractors. Part of this includes requiring employees/independent contractors to perform proper handwashing. Clean hands can help stop germs from spreading from one person to another, and throughout the community—especially from home and to the workplace.
essGO Delivery will provide soap, clean running water, and clean towels (or an electric hand dryer) to combat the spread of COVID-19 and other illnesses. Washing hands with soap and water is the best way to get rid of germs in most situations. Employees/independent contractors are required to wash their hands often while at work, especially:
· After having been in a public place and touched an item or surface that may be frequently touched by other people.
· Before, during, and after preparing food.
· Before eating food.
· Before and after treating a cut or wound.
· After using the bathroom facilities.
· After blowing their nose, coughing, or sneezing.
· After touching garbage or recycling items.
Employees/independent contractors are required to follow five steps to wash their hands:
1. Wet hands with clean, running water (warm or cold), turn off the tap, and apply soap.
2. Lather hands by rubbing them together with the soap. Lather the backs of hands, between fingers, and under fingernails.
3. Scrub hands for at least 20 seconds.
4. Rinse hands well under clean, running water.
5. Dry hands using a clean towel or air dry them.
essGO Delivery will provide proper alcohol-based hand sanitizer when soap and water are not readily available. The alcohol-based hand sanitizer provided will contains at least 60 percent alcohol.
essGO Delivery is aware hand sanitizers are not as effective when hands are visibly dirty or greasy, or when there is the presence of harmful chemicals, like pesticides and heavy metals. In this case, employees/independent contractors must wash their hands using the five steps listed above.
Employees/independent contractors are required to follow three steps when using hand sanitizer:
1. Apply the gel product to the palm of one hand (read the label to learn the correct amount).
2. Rub hands together.
3. Rub the gel over all the surfaces of hands and fingers until hands are dry. This should take around 20 seconds.
Personal Protective Equipment (PPE)
essGO Delivery is committed to achieving and maintaining a safe and productive work environment for all employees/independent contractors. This includes providing a clean, healthy, safe, and secure work environment. Part of this includes requiring employees/independent contractors to use personal protective equipment (PPE) to prevent the spread of COVID-19.
Employees/independent contractors may be required to wear an approved face covering while at work (either all the time or in specific circumstances). Depending on the employees/independent contractor’s location and exposure to COVID-19, these face coverings must comply with CDC, State and city guidelines, while at any Client/Contactor locations requiring CDC compliant PPE. Cloth face coverings, surgical masks, or N-95 respirators can be utilized depending on the work location.
Note: Masks should not be placed on young children under the age of two as well as anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance, also anyone with medical conditions that impair them to wear a mask, must follow physicians’ orders/recommendations to not wear a mask.
Cloth face coverings protect other employees/independent contractors working around the employees/independent contractor wearing the face covering. If cloth face coverings are used, the employees/independent contractor can fashion them from household items and make them at home from common materials at low cost.
Employees/independent contractors must make sure cloth face coverings:
· Fit snugly but comfortably against the side of the face.
· Be secured with ties or ear loops.
· Include multiple layers of fabric.
· Allow for breathing without restriction.
· Are CDC compliant when required
· Can be laundered and machine dried without damage or change to shape.
They should be routinely washed depending on the frequency of use. A washing machine can be used to wash a face covering.
Employees/independent contractors should be careful not to touch their eyes, nose, and mouth when removing their face covering and wash hands immediately after removing.
essGO Delivery will provide face coverings or allow employees/independent contractors to bring in their own. Surgical masks are typically used by health care workers and protect the same way cloth face coverings do; they protect the employees/independent contractors around the wearer.
essGO Delivery will provide surgical masks or allow employees/independent contractor to bring in their own. N-95 respirators are considered critical supplies that must continue to be reserved for health care workers and other medical first responders, as recommended by current Centers for Disease Control (CDC) guidance.
However, there may be times when a worker who is not in health care wants to voluntarily wear an N-95 respirator that they personally supply. If the use is voluntary, then essGO Delivery will ensure the use does not create a hazard and give the employees/independent contractor a copy of OSHA’s Appendix D from 29 CFR 1910.134(d).
If the use of the N-95 is required, then essGO Delivery will implement a full respiratory program (e.g., fit testing and medical evaluation) per OSHA’s 29 CFR 1910.134 respiratory standard.
essGO Delivery will provide appropriate gloves if needed or allow employee/independent contractors to bring in their own.
essGO Delivery will provide appropriate face shields if needed or allow employee/independent contractor to bring in their own.
Copies of the return-to-work policy will be provided to all employees/independent contractors. All employees/independent contractors will read, understand, and abide by the rules of this policy. Employees/independent contractors will be asked to sign an acknowledgment form indicating that they have received a copy of the return-to-work policy. Questions concerning this policy, or its administration should be directed to the CEO.
Upon arriving at the facility/location, employees/independent contractors will report to a private room and be asked medical status questions and/or have their temperatures taken. If an employee’s/independent contractor’s responses or temperature suggest symptoms related to COVID-19, the employee/independent contractor will be isolated from the rest of the workforce and sent home. Employees/independent contractors who are sent home will be allowed to return to work only after meeting the CDC or local public health guidelines for ending quarantine or isolation.
Only specific identified individuals will be allowed to ask medical questions or take employee/independent contractor temperatures. The tests will be performed accurately and consistently. They will adhere to the applicable medical information confidentiality requirements.
Any employee/independent contractor who develops symptoms while at work is to report the condition to their supervisors or other essGO Delivery representatives. The employee/independent contractor will be isolated and sent home. If employees/independent contractors report this information to their supervisors, those supervisors are to immediately communicate the incident to the CEO.
Employees/independent contractors who have been exposed will be expected to cooperate with related contact tracing efforts. This may include asking about others with which the employee/independent contractor has been in contact in the recent past
essGO Delivery recognizes that concerns related to the COVID-19 outbreak may continue after employees/independent contractors can return to work. Some employees/independent contractors may be afraid to return to the facility, despite the steps taken to ensure a safe work environment. While refusal to return to work (absent extenuating circumstances) can be seen as insubordination, essGO Delivery will work with employees/independent contractors to help identify a possible reasonable outcome.
Note: If your company has an Employee/independent contractor Assistance Program (EAP) then the following applies:
essGO Delivery employee/independent contractor Assistance Program (EAP) provides confidential counseling and referral services to employee/independent contractors with certain issues related to the COVID-19 outbreak. It is the employee/independent contractor’s responsibility to seek assistance from the EAP prior to reaching a point where judgment, performance, or behavior has led to imminent disciplinary action. Participation in the EAP after the disciplinary process has begun may not preclude disciplinary action, up to and including termination of employment.