Terms & Conditions

Terms & Conditions

Last updated January 2017

The following Terms and Conditions apply:

1. General Terms and Conditions
2. Social Media Terms and Conditions
3. Our Contact with you
4. The Reviews and Review Comments
5. Competitions

The Dolffin website (“Website”) is owned and operated by Dolffin (“we”, “us”, “our”), based in the UK with a main office at 5 Franklin Place, Fairfield Park, Stotfold, Hitchin, Hertfordshire, SG5 4GT.

Carefully review all of the Terms and Conditions before using our Website. Use of our Website indicates you agree to comply with our Terms and Conditions as stated below.

1. GENERAL TERMS & CONDITIONS

You ARE authorised to use our Website for:

• Your own reasonable personal use
• Obtaining information on the products and services we cover
• Submitting and sharing your views, reviews and comment
• Accessing your reviews, and to Contact Us

You ARE NOT authorised to use our Website:

• For copying (printing, storing) any material or information on this Website for any commercial purpose or for any unlawful purpose. You may not distribute or alter any content or material contained in our Website, unless for personal use
• In any way that causes any infringement of the rights of any other party. You cannot breach any standards, regulations or codes published by any relevant authority
• In any way that interferes with or affects the performance of our Website, the systems supporting our Website or the users that use our Website
• To gain, or attempt to gain, any unauthorised access to our Website

Information and Material Ownership
The Dolffin website contains our registered and unregistered intellectual property in the form of brand, logo, designs, photographs and content. This includes the pages for KidzCruises, HuwKnew?, KidzPlay and BestCuppa. Unless stated otherwise, we own and/or have permission to use, the entire content of the Dolffin website. This includes, but isn’t confined to, all text, images, photographs, logos, video and podcasts, and design. You are NOT PERMITTED, without written permission from Dolffin, to reproduce or tag any of this content.

Third party companies and brand names are also included in our Website; their intellectual property (brand, logo, images, photographs, text content), belongs to them and CANNOT be copied or reproduced. Copying, downloading, posting, broadcasting of any element of our Website is strictly forbidden without written permission from Dolffin and/or the Companies concerned.

Website Links
This Website may frame or contain references or links to other websites not operated or controlled by us (“Third Party Sites”). The links from our Website do not imply our responsibility for, nor endorsement of, the Third Party Sites. We suggest reviewing these sites’ Terms and Condition pages when visiting them.

Statutory Rights
These terms and conditions do not affect your statutory rights.

Updates and Changes
We may remove or make changes to the products, information, content, materials, tools and features on this Website at any time without liability and without notice to you. We also reserve the right to immediately terminate or suspend your use of or access to this Website at any time and without notice if we consider that you have breached any of our Terms and Conditions. We may also change or modify all of any parts of our Terms and Conditions at any time and such changes or modifications shall be effective immediately upon their publication. You should review these regularly to ensure you are familiar with the most up to date version. Browsing and continuing to access or use our Website constitutes your acceptance of the updated terms and conditions and you agree to by bound by the updated terms and conditions.

Disclaimer
To the maximum extent permitted by law, we disclaim all warranties, whether express or implied by statute, custom or usage relating to the information contained in this Website and we shall not be liable for any losses or damages whatsoever, whether in contract, tort (including negligence), or otherwise arising from this website, or from any interruption or delay in accessing this Website.

Governing Law
This Website has been designed for use within the United Kingdom. By accessing this Website you are agreeing that the Courts of England and Wales will deal with any disputes which may arise between you and us, and that English law shall be the applicable law. 

2. SOCIAL MEDIA TERMS AND CONDITIONS

Content Collection and Usage
In posting reviews, photographic or video images, feedback, opinions or any other type of available submissions to the website hereto referred as (‘Content’), any of the available social media channels (including but not limited to www.facebook.com/Dolffin or @Dolffin on Twitter, Instagram and Pinterest), any Dolffin, KidzCruises, HuwKnew?, BestCuppa, or KidsPlay blogs, or by using any hashtags related to Dolffin (including but not limited to #Dolffin, #KidzCruises, #BestCuppa, #HuwKnew,#KidzPlay or addressing Dolffin directly utilizing @ tags for accounts maintained by Dolffin (including but not limited to @Dolffin) you are irrevocably granting us permission to use your Content in whole or in part on our website, social properties, apps, marketing materials, advertising materials, or any other materials owned or maintained by Dolffin without compensation or consideration to you. Following submission, we can modify, edit, update, reproduce, adapt, publish, or translate your Content for any purpose whatsoever without your consultation. All such Content, material, information or other communication you transmit, upload or post will be considered non-confidential and non-proprietary. The Company (Dolffin) will have no obligation with respect to the Content or communications.

User Participation
Dolffin does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. However, Dolffin reserves the right to block or remove communications or materials that it deems to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) a violation of copyright, trademark or other intellectual property rights, or (d) violates any law or regulation or (e) is deemed offensive or otherwise unacceptable to the said Dolffin in its sole discretion.

Submission Privacy
If you freely choose to participate in any submissions, comments, reviewing, or posting, you must be aware that your content will be public and can be read, collected, used, or responded to by other users. We are not responsible for the personally identifiable information you choose to submit on our online properties and are not responsible for unsolicited messages that ensue from the posting of personal contact information.

Website Review
Facilities: We have made available various services, tools and functionality on this Website for your use. The information set out by us on these pages tells you how you can use these services, tools and functionality to find out about our products (as well as those provided by our selected partners), view content provided by us, interact with us and submit and share views with other customers. Your use of this Website in these ways is subject to these Website Terms and Conditions that incorporate our customer review terms which set out the terms upon which you are able to submit reviews and content to us related to your travel experiences (as set out below). 

3. OUR CONTACT WITH YOU

Information about You, Data Protection, Privacy Policy and Cookies. We will store and use the information you supply us or which is supplied to us in your use of this Website (‘your information’) for the purposes set out in our Privacy Policy. You will be/would have been asked to agree to our use of your information at the appropriate time. If you do not agree, we cannot interact with you.

Information about cookies and their use by us on this Website can be found in our Statement on Cookies. 

4. THE REVIEWS AND REVIEWS CONTENT

All the reviews on the Dolffin site are the personal opinions of our writing team. Reviews of cruises posted on the KidzCruises page are the opinions of the individual contributors and not those of Dolffin. People often have vastly different expectations and opinions and just because one person loves or hates a cruise does not mean everyone will.

With regard to KidzCruises reviews, often cruise companies take rapid action to improve based on the comments made in reviews like those on this Website. It is important to look at the dates on the reviews. The most recent ones should give a better idea of the current situation.

You may submit your KidzCruises cruise reviews, contributions, data, pictures, audio/visual works and travel experiences (the “Content”) in accordance with the Guidelines for Submission of Reviews and Comments outlined below and which will also be subject to our Privacy Policy. By submitting Content on this website forum, you are granting Dolffin and KidzCruises a non-exclusive, perpetual, royalty-free, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world via any media.

Guidelines for Submission of Reviews and Comments
You agree to post reviews, contributions and Content in accordance with the following Guidelines. We will not publish a review or any Content unless it follows these Guidelines. These Guidelines are not exhaustive and Dolffin reserves the right to vary them from time to time and the Guidelines published at the time of browsing shall be those in effect.

• No unlawful or objectionable content – this means you should not submit reviews that contain words, language or content that is or may be considered unlawful, defamatory, libellous, abusive, racially or sexually offensive or obscene
• Original – content of user reviews should not infringe the intellectual property rights or other proprietary rights of others that shall include copyright, trademark, privacy or trade secrets
• Harmful content – Reviews shall not contain viruses, worms, Trojan horses or other computer program that may damage or affect any system or data
• No single word reviews
• No spamming or advertising – reviews shall not contain commercial web or e-mail addresses and no promotional or advertising material of any kind including the pricing and availability information and alternative ordering information
• No HTML tags
• Reviews should be genuine and content should be relevant and helpful to other users of the Website
• Reviews are to be written and shall be published in English
• Users should not use false e-mail addresses, impersonate other users or entities or in any way mislead as to their identity
• Dolffin confirms that any personal identifiable information such as addresses, phone numbers, credit card details or URLs will be removed and reviews or contributions may not be published
• Contributors under the age of 18 should get the permission of a parent or guardian before submitting any review or contribution

If you do use this service or website to commit any of the above, Dolffin may at its sole discretion terminate your ability to use this service and website and remove and discard you and other users.

By submitting your review and Content you represent and warrant that:

• You own or control the Content of your review and it is your own original work
• The Content is not defamatory and does not infringe any applicable laws and
• The Content is accurate, truthful and your own genuine opinion and
• You will indemnify and hold harmless Dolffin for all damages, costs and expenses incurred for breach of these warranties

Dolffin may not always pre-screen Content but reserves the right not to publish reviews, access and amend Content at any time and remove reviews and/or Content from this website without notice after publication at Dolffin sole discretion. You agree that Dolffin, in its sole discretion, may terminate your ability to use the Service, and remove and discard any Content within the Service.

You acknowledge and agree that Dolffin may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• Comply with legal process
• Enforce these Terms
• Respond to claims that any Content violates the rights of third parties
• Protect the rights, property, or personal safety of Dolffin, its users and the public

Publication of reviews and Content on the website does not signify that Dolffin agrees or affirms with the views and Content given.

Dolffin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that Dolffin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Dolffin shall not be liable to you or any third-party for any termination of your use or ability to access the Service.

Third parties using the Service may provide links or access to other websites and resources. As Dolffin has no control over such sites and resources, you acknowledge and agree that Dolffin is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Dolffin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You expressly understand and agree that:

• Your use of the Service is at your sole risk and the Service is provided on an “as is” and “as available” basis. Dolffin expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement
• Dolffin makes no warranty that the Service will meet your requirements, the Service will be uninterrupted, timely, secure, or error-free, the information that may be obtained from the use of the Service will be accurate or reliable
• Any material downloaded or otherwise obtained through the use of the Service is obtained and used at your sole risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
• No advice or information, whether oral or written, obtained by you through or from the Service shall create any warranty by Dolffin.
• Nothing in these terms limits or excludes Dolffin liability for death or personal injury caused by its proven negligence. You expressly understand and agree that Dolffin shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dolffin has been advised of the possibility of such damages), resulting from:
  • The use or the inability to use the Service
  • The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the Service
  • Any other matter relating to the Service.

This website is developed in English and may be translated into other languages. To the extent a translation of these Terms, the Content or the site is provided, it is afforded as a convenience only. For all purposes, only the English version of these Terms and the English versions of this website shall be official and binding on the parties. You are solely responsible to carefully read and understand the English text and you agree that you may not rely on translations provided as official documents or representations. If there is any conflict between these Terms and other terms appearing elsewhere on this website then these Terms shall prevail.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes arising shall be subject to the non-exclusive jurisdiction of the courts in England and Wales. 

5. COMPETITIONS

Our prize draws are open to residents of the UK (sometimes overseas – please ask before entering), 18 years or over unless entering a competition aimed directly at children, except employees of Dolffin and their families, agents or anyone else professionally associated with the draw. Entrants under the age of 18 years must get permission from their parent or guardian to enter on their behalf.

Details regarding how to enter form part of the terms and conditions. It is a condition of entry that all rules are accepted as final and that the competitor agrees to abide by these rules. The decision of the judges is final and no correspondence will be entered into.

Only one entry per person. Late, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt. The winner(s) will be drawn at random from all entries received by the closing date. If winning is dependent on answering a question correctly, then the winner(s) will be drawn at random from all correct entries received.

All entries must be received by the published closing date.

The winner(s) will be notified by email and their name and the name of the county where they live may be published. The winner(s) will be notified within 14 days of the published closing date of the prize draw. The name and county of the winner(s) may be disclosed to anyone who writes within one month after the published closing date, enclosing a stamped addressed envelope, to Dolffin, 5 Franklin Place, Fairfield Park, Stotfold, Hitchin, Hertfordshire SG5 4GT. The prize will be delivered to the winner’s home address within 28 days of notification, unless the winner is notified otherwise. Prizes will not be awarded as a result of improper actions by or on behalf of contestants, illegal or otherwise.

The prizes as published are available on the date of publication. The prize is subject to availability and to any published restrictions. All prizes are non transferable and there are no cash alternatives.

The winner may be required to participate in publicity. Note that by entering into this competition you agree to have your name released as the winner, should you be drawn as a winner of the prize. By entering the competition you are giving your permission for the promoting company to contact you for marketing purposes.

Events may occur that render the prize draw itself or the awarding of the prize impossible due to reasons beyond the control of the Promoter and accordingly the Promoter may at its absolute discretion vary or amend the promotion and the entrant agrees that no liability shall attach to the Promoter as a result thereof.

English law applies and the exclusive jurisdiction of the English Courts shall prevail. The Promoter is Dolffin, 5 Franklin Place, Fairfield Park, Stotfold, Hitchin, Hertfordshire SG5 4GT.