Terms and Conditions

Updated: 1 November, 2022

“e-Learning Convert” is a service of Laragh Fields Ltd., having registered address at Dublin Rd., Kilkenny, Ireland, registered in Dublin, Ireland with company reg no.: 367347 and VAT reg no.: IE6387348F – referred to henceforth as “Laragh”.

These Terms and Conditions govern your access, use and orders placed at www.elearningconvert.com, its mobile sites and applications (collectively, the “Site”) as well as the provision and sale of courses, modules and e-learning development services (collectively, the “Product”)  by Laragh and/or its affiliates and/or its fulfilment providers, as the context may require (“Laragh Fields”, “Laragh”, “we”, “us” or “our”). By placing an order with Laragh Fields Ltd., you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of ordering.

Our Terms and Conditions shall also govern the use of and apply to each and every offer and agreement entered into between Laragh and a customer through any of its separate sites, insofar we have not explicitly deviated from the present Terms and Conditions.

Additionally, we maintain other terms and policies that supplement these Terms and Conditions as set out below, including our Data Protection Policy, and our Privacy and Cookie Policy, which describe the limits on how we propose to collect, protect, process and erase your data.

Our Product-specific Terms

Product-specific terms that may apply to certain products and services provided by Laragh  (“Product-specific Terms”). Where there is a difference between the Terms and Conditions and these Product-specific Terms, the Product-specific Terms shall take precedence.

Additional Terms

Additional terms may be presented on this Site in connection with a specific section, service, or feature that will apply at the time you choose to access or use the corresponding section, service, or feature as set out below.

1. Applicability
   1.1. By accessing or using this Site and its related software tools, applications, or any other Laragh service, you agree to be bound by the terms of our Privacy and Cookie Policy, the Product-specific Terms and the following General Terms and Conditions (collectively, the “Laragh Terms”) and to any additional terms (such as but not limited to those listed above), policies, guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site (collectively, the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into the agreement entered into by Laragh and you, the customer, at the time you access or use the corresponding section, service, or feature, or have otherwise agreed to their applicability. These Laragh Terms and any Additional Terms that you have agreed to, make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations and understandings.

1.2. If you use this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Laragh Terms on its behalf and to bind such business, organization, or entity to these Laragh Terms.

1.3. Every offer of a Laragh product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Laragh Terms.

1.4. The applicability of any terms and conditions of the customer or any third-party on behalf of the customer is expressly dismissed and shall not apply, even if Laragh has not specifically rejected them.

1.5. These Laragh Terms and Additional Terms are not applicable to orders of a product or a service that are not from Laragh directly but from a third party. This can be any of Laragh’s affiliates in the Laragh group of companies, a reseller or a service provider we have partnered with. In such cases, the terms you have separately agreed upon with this third party will apply.

1.6. Laragh reserves the right to make changes to this Site and to these Laragh Terms at any time without prior notice. You should review these Laragh Terms each time you access this Site.

2. Member Account
   2.1. You can place an order as a guest or sign up for a single sign-on membership account. We provide account members with additional functionality. Membership may allow us to offer features such as the ability to use your log-in credentials across Laragh services.

2.2. The customer will at all times be responsible for each and every use of its Laragh account. You agree to protect your log-in credentials such as your password and control any access to your Laragh account, especially when you have granted another person in your business or household access rights to your account or otherwise permit them to use your account with the purpose to place an order on your behalf. You agree that you will be responsible for all orders placed or other actions that are taken through your Laragh account.

3. Terms of Sale
   All our offers and promotions are without any obligation and subject to staff capacity and confirmation of the order. Laragh reserves the right to reject any order without the obligation to assign any reason. An agreement between you and Laragh is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.
4. Materials for Limited Use
   4.1. This Site contains graphics, photographs, animations, video, course layouts, samples, artwork, text, illustrations, logos, , trademarks, service marks, media content belonging to other users through embedded feed from social media platforms, stock images and footage from stock providers and other information (“Content”). This Site and all its Content are the intellectual property of Laragh or the intellectual property of parties from whom Laragh has licensed such property. All rights in this Site and its Content are reserved worldwide.

4.2. It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these Laragh Terms.

4.3. Laragh reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or Laragh remain the property of Laragh and its licensors.

4.4. The learning design services provided on this Site employ various design elements, including instructional design models, product templates, text formats, question types, images, fonts, color schemes,  illustrations,  and design effects. Laragh reserves the right to use all such learning design elements and to make all such design elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through our use of those design elements in the creation of your products.

4.5. Laragh provides no warranty of any kind that a Product that Laragh creates using content provided by you (such as text, images, logos, color schemes, video, audio) possibly together with our content, will not infringe, or be subject to a claim of infringing, any trademarks or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the source materials you provide for the creation of your product, is legally available for your particular use and does not infringe the rights of another party. You are solely responsible for determining whether a license or other additional rights are required in connection with the intended use of any product we build on your request, using content provided by you, and for obtaining such additional rights.

5. Use of Our Site and its Content
   5.1. You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating and ordering courses and e-learning development services solely through Laragh (referred to herein as “Product”), unless such use involving a third party is expressly permitted by applicable law or provided for in these Laragh Terms. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Product from Laragh does not entitle you to use any portion of our Content apart from the finished Product as they are supplied to you by Laragh.

5.2. You agree to use this Site in a responsible manner that is in full compliance with these Laragh Terms and with your local laws and regulations.

5.3. The customer represents and warrants that at all times it has complied and shall comply with all applicable restrictions arising out of any and all relevant sanctions and export and trade controls legislation, regulations or orders of the United Nations, the European Union and its Member States, Norway, Switzerland, the United Kingdom, the United States of America, and any other country whose laws, regulations or orders apply to the parties involved or activities covered or contemplated by these Laragh Terms (collectively, the “Trade Laws”) and that it shall also refrain from performing any activity or omitting to perform an activity that will expose Laragh or any of affiliates and other companies controlled by Laragh (including, without limitation, the legal entity or entities specifically identified in these Laragh Terms) to breaching Trade Laws or any enforcement action or restrictive measures under the same.

5.4. The customer further represents and warrants that it is not: (a) designated or otherwise sanctioned under, nor is it ultimately owned (as to 50% or more of its shares or voting rights) or controlled by, or acting on behalf of, any party designated or otherwise sanctioned under, Trade Laws.

6. Restrictions on Use
   6.1. Without limitation, you warrant that no portion of content supplied for creation of your Product could be utilized:
   a) for any unlawful or discriminatory purpose or use;
   b) for any use that could be construed as pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status, or otherwise objectionable;
   c) to create, order, publish and/or distribute any content that is materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances;
   d) to violate any person’s right of privacy or publicity;
   e) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
   f) for any use that would reasonably imply that Laragh, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties;
   g) in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or
   h) that in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws, rules and regulations.

6.2. Laragh reserves the right, in its sole discretion, to refuse to accept any content provided by you to Laragh or to refuse to process or fulfill any order at any time and for any reason. Laragh further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the Laragh Terms and/or Additional Terms, your use of the Site and/or our products and services for inappropriate purposes or you having engaged in undesirable activities, in each case as determined by Laragh in its sole discretion. This action is entirely at Laragh’s discretion and no correspondence will be entered into. You agree that Laragh shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.

6.3. By placing an order on this Site, you represent and warrant that you have all the necessary permissions, rights and authority to place the order and you authorize Laragh to produce the Product on your behalf. You grant Laragh the right to copy, modify, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or services to you.

7. Delivery, Title, and Risk
   7.1. Laragh will deliver the Product to the email address specified in the order confirmation or via a file transfer mechanism as specified in email to that address, provided that all applicable payment terms have been met. Any lead time given is estimated.

7.2. Laragh may, at its discretion, deliver the Product in whole or by instalments in any sequence. Where the Product are delivered in instalments or part deliveries, each instalment or part delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between Laragh and the customer. Any delay in delivery or defect in an instalment or part delivery shall not entitle the customer to cancel any other instalment or terminate the entire sale agreement.

7.3. The customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading.

7.4. The customer is responsible to fully inspect all Product carefully and immediately upon delivery, and declare any and all functional defects or content errors (not originating in the source material provided to Laragh), within ten days of delivery. Failure of customer to timeously notify Laragh after receipt as indicated in this section voids any obligation on Laragh to address perceived defects or errors. .

8. Right of Withdrawal
   The statutory right of withdrawal (or cancellation right) that applies to consumers who enter into distance selling contracts, allowing the withdrawal from (or cancellation of) a contract within 14 days from receipt of their Product without giving any reason or incurring any costs, does not apply to the supply of Product made to the consumer’s specifications or clearly customized to such.
9. Indemnification
   You agree that you shall indemnify Laragh , and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Laragh Terms; (ii) any suit, claim, or demand arising from or relating to any text, video, photograph, image, graphic, or other material, in separate files or incorporated in other source files that you uploaded or otherwise provided to Laragh for use in the development of your Product; (iii) any suit, claim, or demand arising from or related to any third-party products and/or services we offer on our Site whether or not used for or in connection with a Product you have ordered on our Site. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim, or demand.
10. Disclaimer of Warranty
    10.1. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF SERVICES AND PRODUCTS, WE DO NOT WARRANT THAT SERVICE AND PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

10.2. Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these Laragh Terms alter those consumer guarantees if it is illegal for Laragh to do so. If those consumer guarantees apply to you, and Laragh cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Laragh: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Laragh to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of courses, the replacement of the courses or the supply of equivalent; the rebuilding of the courses; or the payment of the cost of having the courses corrected, post-production.

10.3. Laragh’s Satisfaction Guarantee is valid for 2 years following your purchase. If you qualify for a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Laragh’s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the files supplied (documents, PowerPoints, PDFs, images, logos, videos, audio etc.), errors in user-selected options such as choice of course format, color schemes or titles.
10.4 Notwithstanding the foregoing, Laragh shall have no obligations under any warranties, consumer guarantees or the aforementioned Satisfaction Guarantee, if the alleged defect or non-conformance is found to have occurred as a result of improper installation on a customer Learning Management System or other proprietary platform or alteration or modification.
10.5. Any granted Product warranty and/or Satisfaction Guarantee hereunder, shall extend directly to customer only and not to customer’s customers, agents or representatives. Laragh does not give any warranty of fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.

11. LIMITATION OF LIABILITY
    IN NO EVENT SHALL LARAGH OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT LARAGH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM LARAGH, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH LARAGH’S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL LARAGH BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Site Feedback
    Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Laragh in connection with the operation of this Site including its content or any of our offered and/or supplied Product, shall be provided by the submitter and received by Laragh on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Laragh. By submitting any such information to Laragh, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Laragh shall be free to use such information on an unrestricted basis.
13. Privacy and Our Use of Cookies
    Laragh has set out in its Privacy and Cookie Policyhow we collect, use, disclose, store and protect the information that you submit to us during the use of our Site. This Privacy and Cookie Policyapplies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.
14. Miscellaneous
    You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
15. Governing Law, Jurisdiction, and Dispute Resolution
    15.1. The party you are contracting with and the seller of the products and services offered and sold on this Site is Laragh Fields Ltd., a private company with limited liability incorporated under the laws of Ireland.

15.2. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of Ireland. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Laragh Terms.

15.3. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Dublin, Ireland. You agree to submit to the jurisdiction of the courts sitting in Dublin, Ireland and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving Laragh, that a court sitting in Dublin, Ireland is an inconvenient forum for such legal action or proceeding.

15.4. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Laragh, and Laragh’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

15.5. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Site’s services or order a Product for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

15.6. The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr.