iCare Gift Package Order Terms and Conditions
By placing an order through the iCare website (the “Website”) you agree that you have read and understand the following Terms and Conditions and agree to be bound by them.
2. Product Substitution. All products depicted on the Website, either as an image or text, are subject to change or substitution without notice to you. The images associated with your order are only a representation of what is available. The descriptions are subject to substitution based on limitations placed on the recipient and availability of product. All product substitutions are of equal or greater value.
3. Payment. Payment is collected by Aramark at the time your order is placed. We accept payment by Visa and MasterCard only. The charges will appear on your credit card statement as “Aramark Correctional Services.”
4. Delivery/Refunds. Unless prohibited by law or otherwise specified in this Section 4, all sales are final and iCare orders are non-refundable once purchased. Notwithstanding the foregoing, Aramark makes every attempt to deliver your packaged order on the next scheduled delivery day according to the facility’s permitted delivery times. Delivery of your packaged order is subject to the inmate being available to receive iCare. Aramark will attempt to deliver a packaged order three (3) times within a 30 day timeframe. If Aramark is unable to deliver your packaged order for any reason, including, but not limited to the fact that the recipient is on a disciplinary or medical restriction, Aramark will cancel your packaged order and will issue a refund of the purchase price to the original credit card used to place the packaged order. Additionally, if an inmate is released prior to receipt of an iCare packaged order, Aramark will issue a refund of the purchase price to the original credit card used to place the packaged order. Aramark will only respond to refund requests within 90 days from the date of purchase. With respect to freshly prepared iCare orders, Aramark will make one timely delivery attempt. If a freshly-prepared order is cancelled for any reason or if Aramark is unable to deliver a freshly-prepared order for any reason, Aramark will dispose of it in its entirety and will not refund the order.
5. Trademarks. Aramark products and/or services, referenced on the Website may contain trademarks of Aramark. Other company names, products and/or services referenced on the Website may contain trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks displayed on the Website.
6. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us. You may also contact us by writing to Aramark Correctional Services, 4790 Regent Blvd, Suite 150, Irving TX, 75063, Attention: iCare Customer Service. California residents may reach the Compliant Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
7. Changes to Terms and Conditions. Aramark reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms and Condition on the Website. However, any material change to these Terms and Conditions shall not apply retroactively to any claim or dispute between you and Aramark.
2. THE SITE. The Site allows you to send an electronic message or eMessage (each, an “eMessage”) to an eligible inmate at certain correctional institutions (each, a “Facility”). Aramark allows access to the Site upon your purchase of usage credits via the Facility-specific Site (collectively, “Credits”). Certain Facilities may allow you to include an attachment with your eMessage (i.e. photo and/or video message) for additional Credits. You may purchase Credits using a credit card or debit card. All eMessages must comply with the inmate’s Facility-specific content rules and regulations. Law enforcement authorities will review all eMessages received and generated using this Site.
3. USE OF THE SITE. You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Site in compliance with all applicable local, state and federal laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You are fully responsible for maintaining the confidentiality of your account information including your username and password. You agree to notify Aramark of any unauthorized use of your password or account or any other breach of security.
Therefore, attorneys should not use the Site to communicate with inmates as no attorney-client privilege or other confidentiality attaches to any eMessage between attorney and inmate as such eMessage shall be processed and may be accessed and read by Aramark or the inmate’s Facility.
5. INTELLECTUAL PROPERTY RIGHTS. You acknowledge that Aramark owns all right, title and interest in and to the Site, including without limitation all intellectual property rights (the “Aramark Rights”), and such Aramark Rights are protected by U.S. and international intellectual property laws. The Aramark Rights may contain and shall not be limited to the Site’s text, graphics, logos, sound, downloads, software, button icons and other material and overall design of the Site (collectively, the “Content”). Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site or the Content.
You also acknowledge that Aramark owns all of the content, including any text, data, information, images, or other material, that you transmit through the Site.
6. REFUNDS. Credits are non-refundable unless otherwise set forth herein. Should the inmate’s Facility refuse to distribute an eMessage or attachment to an inmate, Aramark will not refund any Credit(s) used to send such refused eMessage. Credits are also non-transferrable (to any other person or party or to a different Facility).
7. LIABILITY. Under some circumstances, an inmate’s Facility or a law enforcement authority, in its sole discretion, may refuse to distribute an eMessage or attachment to an inmate and may not notify you or the recipient of its refusual to deliver an eMessage. In such cases, neither Aramark nor the inmate’s Facility will be responsible to you. If you send an eMessage to an inmate who is relocated to a different Facility, or is paroled or discharged prior to the Site’s delivery of such eMessage, the Site may be unable deliver the eMessage to the inmate. Neither Aramark not any Facility can guarantee delivery (timely or otherwise) of any eMessage. In any case where an eMessage is not delivered, neither Aramark nor the Facility will be responsible to you.
8. TERMINATION. You may terminate your use of the Site with or without cause at any time by providing notice to Aramark. If you terminate your use of the Site, any remaining credits will not be refunded to you.
9. EXPIRATION. Credits do not expire.
10. NOTICE TO ARAMARK. Notice to Aramark must be sent to either: Aramark Correctional Services, LLC, 1101 Market Street, Philadelphia, PA 19107 or firstname.lastname@example.org.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE AND THE SERVICES INCLUDED ON THIS SITE ARE PROVIDED BY ARAMARK ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARAMARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND PAYMENT INFORMATION THAT YOU PROVIDE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARAMARK DISCLAIMS ALL WARRANTIES. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
13. INDEMITY. You agree to indemnify and hold Aramark and its affiliated companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.
14. ELECTRONIC COMMUNICATIONS. By using the Site or sending any e-mail communication to Aramark, you consent to receiving electronic communications and notices from Aramark. You also agree that any agreements, notices, disclosures or other communications that Aramark may provide to you electronically shall satisfy any legal requirement that such communication(s) be in writing.