Terms and conditions - Anabel Cares

Terms & Conditions – Please read carefully

These terms and conditions (“Terms of Use”) govern the access and use of the www.anabelcares.com website and other websites that share the same domain (the “Site”). You agree to be bound by the Terms of Use, which is an agreement between Anabel Cares and you. You further acknowledge that you reviewed the Privacy Policy and consent to the processing of your data.

BY YOUR USE OF THE SITE, YOU AGREE TO ABIDE BY THE TERMS OF USE INCLUDING THE CERTIFICATIONS AT THE END OF THIS AGREEMENT AND ANY SUPPLEMENTAL TERMS OR PRODUCT PAGES RELATED TO A PURCHASE, ALL OF WHICH ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THIS SITE.

Changes to the Terms of Use: Anabel Cares reserves the right to change or modify the Terms of Use or add terms at its sole discretion at any time. If you do not agree to the modified terms of the Terms of Use, you should discontinue use. Your continued access and use constitutes binding acceptance of the modified Terms of Use.

Children Under the Age of 13: No one under the age of 13 may provide any information to or post any information on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not

(i) use or provide any information on the Site or on or through any of its features,

(ii) create an account on the Site,

(iii) make any purchases through the Site,

(iv) use any of the interactive or public comment features of the Site, or

(v) provide any information about yourself to us.

Intellectual Property: All content and functionality on the Site, including text, graphics, logos, icons, images, diagrams, animations, audio, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, programs, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works (collectively, the “Content”) are owned by Anabel Cares, Inc., its direct or indirect subsidiaries, affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these terms, Anabel Cares grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site and, if applicable, any programs or services you purchase solely for your own personal, non-commercial use. Sharing, selling or attempting to transfer your license is prohibited. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, re-publish, download, store or transmit any of the material on the Site, Content or in any programs or services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Site, Content, or any programs or services.
Resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Site, Content, or any programs or services.
Create or attempt to create a substitute or similar service or product through the use of or access to the Site, Content, or any proprietary information.
Delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site, Content, or any programs or services.
Decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Site, Content, or any programs or services.

Any use of the Site, Content, or any programs or services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks: The Site, Content, and the programs or services feature logos, company names, product names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) that are registered and unregistered Marks of Anabel Cares, its direct or indirect subsidiaries, licensors, or third party providers. All of these Marks are the property of their respective owners. Nothing contained in the Site, Content or in any of the programs or services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without written permission of Anabel Cares or any such third party that may own a Mark displayed on the Site, Content, or any programs or services. Anabel Cares reserves all rights not expressly granted in and to the Site, Content, or any programs or services.

Third Party Links and Frames

Anabel Cares prohibits (i) the framing of any materials available through this site, and (ii) “deep linking” to pages of the Site other than the main page. Anabel Cares reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked to this site.

Third Party Sellers: Anabel Cares may provide links to websites operated by third parties. Anabel Cares makes no representations about any third party websites that you may access through this Site (“Third Party Sellers”). Anabel Cares is not liable or responsible for products and services purchased from Third Party Sellers (“Third Party Products”) or for the acts or omissions of Third Party Sellers. Third Party Sellers are solely responsible for information on the Site about their Third Party Products. Anabel Cares does not endorse or sponsor Third Party Sellers or Third Party Products. If you visit a Third Party Seller’s website or purchase or use Third Party Products you do so at your own risk.

Links to Third Party Sites. The content on this Site may include links to third-party websites and third party web sites may link to the Site (“Linked Sites”). If You use these links, You will leave the Site. Anabel Cares provides these links to you as a convenience to deliver services and content. Anabel Cares does not make any representations or take responsibility for such third-party sites, including, without limitation, the accuracy or quality of their content, services, data collected, advertising, and activities conducted on or through such third-party sites.

If You decide to access any of the third-party websites linked to from the Site, You must follow the privacy policies and terms and conditions for those third-party websites. YOU AGREE THAT ANABEL CARES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

User Content: If You submit comments, photos and other content to us (“User Content”) through the Site, social media communities, survey responses, email or otherwise, You grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.

Copyright. Anabel Cares is committed to complying with copyright and related laws and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Site in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA.

The Notice of Infringement contains requested information that substantially complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Our Copyright Agent can be reached as follows by mail: legal@anabelcares.com

Passwords: Should you decide to set up a Anabel Cares account, You must choose a user id and password. You are solely responsible for maintaining the confidentiality of your user id and password and for any and all use of your account. If you purchase a subscription, the subscription is non-transferable and is to be used only by you. You agree not to disclose your user id or password to any third party. Sharing of user ids and passwords is a violation of this Agreement and will result in immediate suspension of your access to the product or services without refund. Anabel Cares has the right to terminate your account for any reason at our sole discretion without notice to you.

Disclaimer of Warranty: THE Site, ITS CONTENTS AND THE SERVICES AVAILABLE ON THE Site ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. ANABEL CARES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE Site, ITS FUNCTIONALITY AND THE PROGRAMS AND SERVICES OFFERED ON THE Site, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you.

Limitation of Liability: IN NO EVENT SHALL ANABEL CARES, ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE AND/OR ANY CONTENT, MATERIALS OR SERVICES AVAILABLE AT THE SITE. Some states do not allow the disclaimer or limitation of damages, so the disclaimers set forth above may not apply to you.

Indemnity: Anabel cares shall be indemnified from and against all suits, actions, damages, liabilities, expenses of any kind whatsoever, which result from any act or omission of the indemnifying party, its agents and assigns which may occur in connection with this agreement.

Sanctions and Export Compliance: Anabel Cares complies with U.S., UK, EU, and other economic and/or trade sanctions and export laws and regulations. Anabel Cares products and services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Anabel Cares to any registration requirement within such jurisdiction or country. Thus, no Anabel Cares software or services may be used, downloaded by, exported, or re-exported in violation of sanctions laws to:

(a) a person located, organized, or ordinarily resident in any country that is the subject of comprehensive sanctions imposed by the U.S., UK, EU, or UN;

(b) any person listed on any U.S., UK, EU, or other relevant sanctions- or export controls-related list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Nationals, the U.S. Commerce Department’s Denied Persons List or Entity List, the UK sanctions list, or the EU consolidated list of persons, groups, and entities subject to EU financial sanctions;

(c) any entity 50% or more owned, directly or indirectly, or controlled by any such person(s) described in (a) or (b); or

(d) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., UK, EU, or other relevant government or governing body. Access to this Site, software, free products or course trials, applications for admission, purchases, services, paid products, and payment or funding plans may be subject to additional review to ensure ongoing compliance with legal requirements. Current students or customers traveling or relocating outside of the U.S. may be unable to access the learning management system, services, and courses from countries or regions subject to economic and/or trade sanctions by the Office of Foreign Assets Control (OFAC) or other authorities.

LAWS AND POLICIES: It is agreed that Laws and policies of foreign Nations, that are destination jurisdictions for accredited GPP members, are subject to change by the government of the foreign nations and Anabel shall not be liable for any delay, failure or damage suffered by GPP member or Anabel clients as result of change in these policies. It is further agreed that interactions between Anabel and these foreign Nations and their requirements for legal migration, may cause Anabel to make adjustments with its program to accommodate these changes. In most instances, these changes may include but are not limited to modifications in Anabel processes, procedures, as well as Anabel training, verification, accreditation and relocation fees. Anabel hereby reserves the rights to review its processes, procedures and all its fees, to reflect these changes from foreign destination Nations as they occur.

Arbitration and Class/ Legal Jurisdiction: The laws of the Federal Republic of Nigeria shall govern the meaning, construction and interpretation of these terms of engagement with ANABEL Cares and ANABEL Group programs even if participant is employed or resides elsewhere in the World. Any dispute arising out of or in connection with the interpretation of the provisions of these terms and conditions, or in the performance of the programs or program referred, shall be submitted to the Lagos Court of Arbitration and shall be resolved under the Rules of the Lagos Court of Arbitration and shall be resolved by a single arbitrator, except as otherwise agreed by the parties, then it shall be by tribunal of three arbitrators. The appointment of the Arbitrator(s) shall be in accordance with the said Rules, and the Award/ Decision of the Arbitrator(s) shall be final and binding on the parties. The seat of the arbitration shall be Lagos, Nigeria and the language to be used in such arbitration shall be English.

Collective Action Waiver: To the maximum extent permitted by law, should, participants wish to initiate a legal action against Anabel Cares or ANABEL Group or affiliated companies engaged in this program in arbitration, Participants (YOU) waive any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which Anabel Cares, ANABEL Group or a affiliated or related entity is a party. The same applies to Anabel Cares’s legal actions against You. Thus, You and Anabel Cares, ANABEL Group and its affiliated companies agree that each may bring claims in arbitration against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class. Further, unless both You and Anabel Cares, ANABEL Group or its affiliated companies agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over a representative or class proceeding.

Tax: Purchases may be subject to taxes. Tax rates are different from Country to Country and from state to state. Participants (You) are responsible for paying all such taxes.

Refund: Certain clients are eligible for a refund; however, refunds are calculated by our management based on a prorated service use formula basis. The services, programs and products already consumed will be prorated and services not rendered are considered separate for a refund for eligible clients ONLY. There is a “ NO refund ” policy for programs, products or services that are considered to have been received by clients or for services that have been reddened by Anabel Cares. In addition, a reasonable amount of time is required for Anabel Cares, termed “ service time ”, to offer a successful, professional, and satisfactory service, in which case a prorated refund may be considered for eligible clients upon request, ONLY if Anabel Cares fails to perform satisfactorily on specific or selected services or specific products within that this stipulated “ service time ” and for eligible clients ONLY. Anabel Cares considers a reasonable “ service time ”, especially for the nature of products and services Anabel Cares provides, to be a minimum of twenty-four months from the date of client’s payment for products or services.

Conduct: All clients, trainees and interns (YOU) must comply with the terms and conditions of the internship partners, medical or care facilities and any other partner that an intern has been assigned to perform their internship by ANABEL Cares. In addition, all interns, trainees and clients of ANABEL Cares (YOU) are required to meet the minimum standards of professionalism during their internship period. Interns, Trainees and Clients (YOU) are eligible for disqualification if is has been determined by ANABEL Cares program management that unprofessional conduct or behavior has been recorded in such frequency or to such a magnitude which will undermine the professional and corporate reputation of ANABEL Cares, the ANABEL GROUP or its affiliated companies or partners engaged in this program. ALL clients, Interns and Trainees (YOU) shall be responsible for any damage to equipment and property, loss of revenue, and any other losses which arise from their own actions, activities or inaction during their internship or engagement with ANABEL Cares. All clients, Trainees and Interns (YOU) take full responsibility for all their own actions and activities throughout the duration of any of ANABEL’s programs they participate in. All clients, Trainees and Interns (YOU) shall be fully responsible for any costs you incur including your (their) own medical costs which may arise during your (their) participation in the ANABEL Cares internship program except in the cases arising from work related hazard, which are responsibility of the facility operator.

Liability and indemnity: All clients, trainees and interns indemnify (YOU) and hold blameless ANABEL Cares, ANABEL Group and all its affiliates’ companies and partner medical facilities engaged in this program completely from any lawsuits, claims and damages arising from their (your) actions, activities and conduct during their (your) participation in any of the ANABEL Cares or ANABEL Group’s programs.

In addition, every client, trainee and intern (you as the “ Indemnifying Party ”) shall indemnify, defend and hold harmless ANABEL Group, its agents, Appointed Representatives, officers, officials, and employees (us as the “ Indemnified Party ”) from and against all losses, damages, liabilities, judgments, claims, costs and/or expenses (including legal fees) of any sort, resulting from:

a. payment of taxes required to be made by the Indemnifying Party in respect of its income or other taxes in relation to work conducted or otherwise; or

b. any and all suits, proceedings, actions, claims, demands, liabilities and damages which the Indemnified Party may hereafter suffer, or pay by reason of any demands, claims, suits or proceedings arising out of claims of infringement of any domestic or foreign patent rights, copyrights or other intellectual property, proprietary or confidentiality rights with respect to any materials, information, design or process used by the Indemnifying Party, its representatives and Partners in performing it’s obligations or in any way incorporated in or related to this Program participation; or

c.injury or damage of any sort to any person or entity, arising out of or in connection with the performance or non-performance of the Indemnifying Party, its partners, representatives, personnel and/or employees during the performance of this program participation,

d. fraud, negligence, recklessness, or wilful misconduct of the Indemnifying Party, its partners, representatives, personnel, and/or anyone directly or indirectly employed by it;

e. failure of the Indemnifying Party or any of partners or employees, to obtain, maintain or comply with applicable permits, consents and approvals required to be obtained or maintained under applicable laws in connection with the performance of the Services during the subsistence of their participation in in program,

f. The Indemnifying Party’s failure to fulfil its obligations under ANBEL Group’s terms and conditions;or

g. a claim made by the Indemnifying Party or the Indemnifying Party’s personnel, representatives or employees for work-related injury, and the maintenance of the Indemnifying Party’s internal policies and procedures (and the implementation thereof).

h.The Indemnifying Party shall not be responsible for any losses, claims, damages, liabilities, or expenses, where such losses, claims, damages, liabilities or expenses arise from the willful misconduct or gross negligence of the Indemnified Party.

Miscellaneous: These Terms supersede all prior oral or written agreements and constitute the entire agreement between the parties. Terms cannot be changed or modified orally. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.

Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:

By email: legal@anabelcares.com

Do not access or use the Site if you are unable to affirm any of the statements below:

Certification and Release

You certify that neither you nor any person contributing to payment for Anabel Cares programs, products or services on your behalf are on any list of restricted persons with whom it is unlawful for a United States company to do business, or located in a jurisdiction where your use would violate law or regulation;
You certify that neither you nor any person contributing to payment for Anabel Cares programs, products or services on your behalf are an employee, contractor, or current or former official of the Government of Venezuela including all political subdivisions, agencies, or instrumentalities thereof);
You certify that you are not enrolling in the program or service in order to, nor will engage in any activity while enrolled in the program or service that will, cause Anabel Cares to violate any sanctions or export controls law, rules, and regulations;
You acknowledge that access to the program or service may cease when traveling or relocating outside the U.S. into countries or regions subject to economic and/or trade sanctions by the U.S. Treasury Department or other authorities;
Program sessions may be delivered through communications technologies including but not limited to Zoom, AdobeConnect, Brightcove, WebEx, E360 where recording may be enabled by the instructors or coaches (collectively “host(s)”). You will receive a notification (visual or otherwise) when recording is enabled in a class, tutoring or coaching session. You agree that Anabel Cares and any third party technology vendor used to deliver the instruction, has consent to record any participation you choose to engage in during the sessions (i.e. chats, shared screen time initiated by you). The recordings may be made available to other Anabel Cares students for instruction, may be used internally for quality assurance and training to improve the programs or services, or for other internal purposes; and
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE IN THEIR ENTIRETY INCLUDING ANY AND ALL RELATED LINKS. BY CONTINUING TO ACCESS THE SITE, YOU AFFIRM TO THE TERMS OF USE AGREEMENT TO BE BOUND BY ITS TERMS.