We, BensonsforBedsRetail Ltd, are a company incorporated under the laws of England and Wales with company number 12528962, and with registered address at 3rd Floor, The Globe Centre, 1 St James Square, Accrington, Lancashire, BB5 0RE (referring to ourselves as “Bensons”, “we”, “us” and “our” in these terms and conditions).
These terms and conditions (the “Terms”) apply to our use of any Content requested for usage by Bensons that you share online. For the purposes of these Terms, “Content” means any user-generated content (including but not limited to pictures, videos, images, data (including personal data), written materials, and/or other materials which you choose to submit to us in accordance with these Terms).
When you upload or otherwise share Content to any third party website or platform (including but not limited to Facebook, Instagram, Twitter, Tik Tok, Snapchat, YouTube and Pinterest) (a “Platform”), we may wish to use such Content on our own website, social media channels, as part of paid promotions or in other forms of marketing communication related to our business both internally and externally (such as newsletters or e-mails) (the “Bensons Media”).
If we wish to use your Content, we will contact you directly and request your consent to use the Content under these Terms. If you provide this consent, you also agree to be bound by these Terms.
You shall not be entitled to any payment or other remuneration in respect of our use of your Content.
By providing consent in accordance with paragraph 2, you hereby grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, paid up, royalty free, transferrable and sublicensable licence to use your Content in the Bensons Media and for any other such purposes as we deem fit. You also confirm that:
you are aged 16 or over;
your Content does not contain defamatory, malicious, indecent or other inappropriate content;
your Content does not include the names or other details of any individual without their express permission;
your Content will not cause any widespread or serious offense (taking into account prevailing community views or standards);
your Content is not copied directly or indirectly from any third party and is your original work;
your Content does not contain any viruses or other malware; and
your Content does not require permission from any other individual or entity to use it.
By providing consent in accordance with paragraph 2, you agree:
to waive all moral rights, in and to your Content to which you may now or at any time be entitled under the CDPA 1988 and under all similar legislation from time to time in force anywhere in the world; and
that we may edit, adapt, alter, or otherwise change any Content or choose to stop using your Content or part of your Content at any time.
We reserve the right to ask you for proof of age and, if we suspect that you are under 16, we may immediately cease using your Content.
If you would like to withdraw your consent to our use of your Content you may do so at any time by contacting our GDPR email address which is GDPR@bensonsforbeds.co.uk and notifying them of your request. Once we have received this request we will endeavour to cease all use of your Content in the Bensons Media that Bensons is aware of within a reasonable timeframe although you acknowledge that we cannot always be able to remove posts and/or historical use of the Bensons Media for instance when the Bensons Media has been used on a newsletter that has already been circulated.
By agreeing to these Terms, you also agree to Benson’s Privacy Policy, which can be accessed here. Please read this Privacy Policy carefully.
To the extent permitted by law, we shall have no liability for any damage, injury or loss suffered due to our use of your Content.
These Terms and any dispute arising out of them (whether contractual or non-contractual) are governed by English law. Subject to any mandatory laws in your jurisdiction, any dispute shall be subject to the exclusive jurisdiction of the English courts.