CHERISH ME – TERMS AND CONDITIONS

These Terms and Conditions govern the provision of services by Cherish Media Limited, trading as CHERISH ME® ("Cherish Me", "we", "our", "us"), to customers ("you", "your").

By placing an order, submitting materials, or using our services, you agree to these Terms and Conditions.

1. About Us

Cherish Me is a memory preservation service specialising in the digitisation, restoration and presentation of photographs, negatives, slides, video tapes, audio recordings and other personal archive materials.

Services may include, but are not limited to:

• Photograph scanning

• Slide and negative scanning

• VHS, S-VHS, VHS-C and camcorder tape digitisation

• Audio cassette digitisation

• Digital restoration and enhancement

• Tribute and memorial films

• Family history and timeline productions

• Digital file delivery and storage

2. Quotations and Orders

All quotations are provided in good faith based on the information available at the time.

Where original materials are not inspected prior to quotation, prices may be subject to revision if:

• Materials are in significantly poorer condition than expected.

• Additional restoration work is requested.

• Additional media items are discovered;

• Specialist handling or recovery work is required.

Work will normally commence once payment arrangements have been agreed.

3. Ownership and Rights

You confirm that:

• You own the materials submitted to us; or

• You have permission from the owner to authorise digitisation, copying and restoration.

You remain the owner of all original materials and intellectual property rights contained within them.

Cherish Me does not acquire ownership of your content, photographs, videos, audio recordings or other submitted materials. All rights remain with the customer or the relevant rights holder.

From time to time, customers may choose to permit Cherish Me to use selected materials, extracts, before-and-after restoration examples, testimonials or completed projects for marketing, portfolio or educational purposes.

Such use will only occur with the customer's explicit prior consent and may be withdrawn at any time unless otherwise agreed in writing.

Where consent is granted, Cherish Me may use the approved materials solely for the purposes agreed with the customer.

You agree to indemnify Cherish Me against any claims arising from copyright infringement, privacy disputes or unauthorised use of materials supplied by you.

4. Condition of Original Materials

Many items submitted to Cherish Me may be decades old and inherently fragile.

Examples include:

• Ageing photographs

• Negatives and slides

• Magnetic videotapes

• Audio cassettes

• Film reels

• Scrapbooks and albums

Whilst we take reasonable care at all times, some deterioration may already be present and may not be visible until handling or playback occurs.

Examples include:

• Brittle or damaged photographs

• Tape shedding

• Sticky shed syndrome

• Mould contamination

• Colour fading

• Chemical deterioration

• Broken splices

• Mechanical failure

You acknowledge that digitisation, scanning and playback may reveal or accelerate pre-existing deterioration.

5. Limitation of Liability

Cherish Me will exercise reasonable care and skill in handling all customer materials.

However, due to the unique and often irreplaceable nature of archive materials, we cannot guarantee that no damage will occur during handling, cleaning, scanning or playback.

To the fullest extent permitted by law:

• Our liability for physical loss or damage shall be limited to the replacement value of the physical media itself.

• We shall not be liable for sentimental, emotional, historic or consequential value associated with the contents.

• We shall not be liable for losses arising from pre-existing deterioration, manufacturing defects, mould, tape degradation, fading, or other age-related conditions.

Nothing in these Terms excludes liability for death, personal injury, fraud or any liability which cannot be excluded under UK law.

6. Digitisation Services

Digitisation converts analogue materials into digital files.

Whilst every effort is made to achieve the best possible transfer, the quality of the final result is dependent upon:

• The condition of the original material;

• The quality of the original recording;

• The limitations of historic recording formats.

We cannot guarantee that defects present in the original source material can be fully removed.

Examples may include:

• Tracking errors

• Tape dropouts

• Distortion

• Missing sections

• Colour shifts

• Audio defects

• Physical damage

7. Restoration Services

Restoration is intended to improve the appearance or quality of materials where reasonably possible.

Restoration may involve:

• Colour correction

• Dust and scratch removal

• Noise reduction

• Audio enhancement

• Stabilisation

• Repair of damaged areas

• Artificial intelligence-assisted enhancement tools

Restoration is not an exact science.

Results will vary according to the condition of the original material.

Cherish Me does not guarantee:

• Recovery of missing information;

• Reconstruction of unknown details;

• Perfect colour accuracy;

• Complete removal of defects.

Every restoration is individually assessed and subject to human review.

8. Tribute Films and Creative Productions

Where Cherish Me creates tribute films, memorial films, timelines or other edited productions:

• Creative decisions remain subjective.

• Drafts may be supplied where agreed.

• Minor revisions may be included within the quoted price.

• Extensive revisions may incur additional charges.

Music, titles, transitions and presentation styles may vary according to the agreed brief.

Where music licensing is required, additional licensing fees may apply.

9. Customer Review and Approval

Where preview files are supplied:

• Customers must review materials promptly.

• Any issues should be reported within 14 days of delivery.

• Approval of a draft or final version will be deemed acceptance of the work completed.

10. Delivery of Digital Files

Files may be supplied by:

• Secure digital download

• USB drive

• External hard drive

• Other agreed methods

It is your responsibility to:

• Download files promptly;

• Create your own backups.

Cherish Me cannot guarantee indefinite access to download links.

11. Data Retention

Digital files may be retained temporarily following delivery to allow for:

• Quality control;

• Replacement downloads;

• Correction of technical issues.

Unless otherwise agreed, Cherish Me reserves the right to permanently delete customer files after 90 days from delivery.

Customers should not rely upon Cherish Me as their sole backup provider.

12. Postal Submissions

Customers sending materials by post do so at their own risk.

We strongly recommend:

• Tracked delivery services;

• Appropriate packaging;

• Adequate insurance.

Risk during transit remains with the carrier.

Cherish Me cannot be responsible for items lost, stolen or damaged before receipt or after return shipment.

Returned materials should be inspected promptly upon receipt.

13. Turnaround Times

Any turnaround times provided are estimates only.

Times may vary due to:

• Volume of work;

• Complexity of restoration;

• Equipment maintenance;

• Customer approval delays;

• Circumstances beyond our reasonable control.

14. Cancellation Rights

Consumers may have cancellation rights under the Consumer Contracts Regulations 2013.

Where work has commenced at your request during a cancellation period, you may be required to pay for work already completed.

Because restoration and digitisation services are bespoke and personalised, cancellation rights may be reduced or cease once work has begun.

15. Refunds

Due to the bespoke nature of our services:

• Refunds may not be available once work has commenced.

• Partial refunds may be considered where appropriate.

• Nothing in these Terms affects your statutory consumer rights.

Any concerns should be raised as soon as possible so that we may attempt to resolve them.

16. Marketing and Portfolio Use

Your privacy is important to us.

Cherish Me will not use customer photographs, videos, audio recordings or personal materials for advertising, promotional or portfolio purposes without explicit permission.

Permission may be withdrawn at any time.

17. Data Protection

Cherish Me processes personal data in accordance with applicable UK data protection legislation, including:

• UK GDPR

• Data Protection Act 2018

Information may include:

• Names

• Addresses

• Contact details

• Submitted media

• Order information

We process personal data only where necessary to provide our services and meet legal obligations.

Further information can be found in our Privacy Policy.

18. Force Majeure

Cherish Me shall not be liable for delays or failures caused by events beyond our reasonable control including:

• Fire

• Flood

• Power failure

• Internet outages

• Equipment failure

• Industrial disputes

• Government restrictions

• Natural disasters

19. Complaints

If you are dissatisfied with any aspect of our service, please contact us in writing.

We will endeavour to investigate and respond promptly and fairly.

20. Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.

Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

All website content, including photographs, text, graphics, restoration examples, videos and educational materials, is owned by or licensed to Cherish Media Limited and may not be reproduced without permission.

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CHERISH ME® is a registered trademark of Cherish Media Limited.

Website: cherishme.uk

Email: hello@cherishme.uk