Please read these terms and conditions carefully before using this website. They represent the terms and conditions for accessing, browsing and using historicenvironment.scot, whether as a guest user or as a registered member or user (“User”).
This website and associated websites are owned and run by Historic Environment Scotland.
Historic Environment Scotland, an executive non-departmental public body established under the Historic Environment Scotland Act 2014 being a registered charity (Scottish Charity number SC045925) and having its principal office at Longmore House, Salisbury, Place, Edinburgh EH9 1SH. Telephone: 0131 668 8600.
Our VAT number is GB 221 868015.
In using our Websites you are agreeing to, and are bound by, the Terms. If you do not agree to these Terms, then do not use our Websites. You are permitted to use our Websites solely on the basis of these Terms and those other terms and conditions listed on our Websites. We recommend that you print a copy of these Terms for future reference. These Terms do not affect your statutory rights.
We reserve the right, at our discretion, to update and/or revise these Terms. Please check periodically for changes as they are binding on you.
Right to Use historicenvironment.scot
Free use is limited to personal, individual and educational use.
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or supplied as part of the Websites shall remain at all times vested in us and/or our licensors. You are permitted to use this material only as expressly authorised by us and/or our licensors.
You acknowledge and agree that the material and content contained within the Websites is made available for your personal non-commercial and educational use only and that you may (if necessary to make a purchase) download such material and content onto your personal electronic devices for such purpose. Any other use of the material and content of the Websites is strictly prohibited.
You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Many of the materials on the website come from the HES Collections. As in any archive collection, some of the material is copyright and some is out of copyright. Some of the copyright material is not owned by HES or the Crown and we acknowledge and respect those Intellectual Property rights. Our collections indicate clearly any limitations of use which are in addition to the general right to use.
Intellectual Property Rights
The images, information and data featured on this website are subject to HES Copyright, Crown Copyright and other Intellectual Property Rights held by HES and Individual Contributors as indicated. There are also copyrights relating to the database itself and to the design, structure and code employed in the website.
No reliance on information
While we will use reasonable endeavours to verify the accuracy of any information we place on the Websites, the content on the Websites is provided for general information only. Historic Environment Scotland does not guarantee that the content on our Websites is accurate, complete or up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, Historic Environment Scotland Websites and material, products and services (or to third party information, products and services), is provided "as is" and "as available", without any representation or endorsement made and without warranty of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy.
We do not warrant or represent that the functions contained in the material available on these Websites will meet your requirements or will be uninterrupted, timely or error free, that defects will be corrected, or that the Websites or the servers that make them available are free of viruses or bugs or represent the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Websites.
We may update our Websites from time to time, and may change the content at any time. However, please note that any of the content on our Websites may be out of date at any given time, and we are under no obligation to update it.
No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
Commercial Use, Distribution or Reproduction
No permission is given for any commercial use, distribution or reproduction in these terms. Please use the BUY options in the relevant HES websites for these purposes and separate licences will be provided.
User & Member Accounts
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
Should any use be found to be illegal, subject to complaint, a breach of ethics or cause any other infringement, HES reserves the right to suspend or ban any User at any time.
Users accept that use of the website is at the User’s own risk and that while HES will make every effort to ensure an acceptable environment and that materials are legally uploaded, it is not possible to provide guarantees about comments or materials loaded onto the site. The website will take prompt action to remove such material on notification.
Compliance with Laws
The Websites may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Websites and any transactions conducted on or through the Websites.
Third party Links
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. We are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Linking to our site
You may link to our home page and relevant content records, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Websites in any website that is not owned by you.
Our Websites must not be framed on any other site, nor may you create a link that represents HES content as being part of your or any other website.
We reserve the right to withdraw linking permission and you agree to comply with any request to delete a link.
If you wish to make any use of content on our Websites other than that set out above, please use our BUY and licensing facilities provided on our websites.
We do not guarantee that our Websites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Websites. You should use your own virus protection software.
You must not misuse our Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Websites, the servers on which our Websites are stored or any server, computer or database connected to our Websites. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Websites will cease immediately.
These Terms are personal to you. You may not assign or otherwise transfer any of your rights under these Terms.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your use of the Websites, or the use by any other person accessing the Websites using your details and/or your personal information.
We reserve the right to:
- modify or withdraw, temporarily or permanently, the Websites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Websites;
- change the Terms from time to time, and your continued use of the Websites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Websites; and/or
- withdraw any products from the Websites at any time and/or remove or edit any materials or content on this Websites.
Limitation of Liability
Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or from our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Websites or any content on them, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Websites; or
- use of or reliance on any content displayed on our Websites.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential or special loss or damage.
If you are a consumer user, please note that we only provide our Websites for domestic, educational and private use. You agree not to use our Websites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of revenue, anticipated savings, business interruption, goodwill or reputation, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any tickets or goods to you, which will be set out respectively in our Ticket Terms and Conditions and our Terms and Conditions of Supply.
Circumstances beyond our control
We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
The provision of the Websites does not include provision of computer or other necessary equipment to access the Websites. To access them you will need an Internet connection and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur in accessing and using the Websites.
If a court finds part of these Terms illegal, the rest will continue in force.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Delays in enforcing these Terms
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
You confirm that, in accepting the Terms, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you shall have no remedy in respect of any representation which is not fraudulent.
Which laws apply to these terms and where proceedings can be brought
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by the laws of Scotland. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England and Wales.