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:
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Your computer may temporarily store copies of such materials in RAM
incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your Web browser
for display enhancement purposes.
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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.
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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.
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Resell, share, distribute, download, record, screenshot, copy, lease,
transfer or commercially use the Site, Content, or any programs or
services.
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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.
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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.
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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:
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A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
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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.
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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.
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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.
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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.
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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.
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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
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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;
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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);
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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;
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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;
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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
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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.