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Terms & Conditions of Use

Website Terms of use

Please read these terms and conditions carefully before using this website. They represent the terms and conditions ("Terms") for accessing, browsing and using Historic Environment Scotland websites, whether as a guest or as a registered member.

This website (https://www.historicenvironment.scot/) and associated websites (www.edinburghcastle.gov.uk, www.stirlingcastle.gov.uk,www.whithornpriorymuseum.gov.uk. www.ionahistory.org.uk, www.trinityhouseleith.org.uk, www.pictishstones.org.uk)("Websites") are owned and run by Historic Environment Scotland.

Historic Environment Scotland is a statutory incorporation established by the Historic Environment Scotland Act 2014 and a registered charity (Scottish Charity number SC045925). We are the lead public body to investigate, care for and promote Scotland’s historic environment. Our main place of business is Historic Environment Scotland, Longmore House, Salisbury Place, Edinburgh EH9 1SH, Scotland. 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.

Other Applicable Terms

These Terms refer to the following additional terms, which also apply to the use of our Websites:

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 relating to government information, 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.

Member Login

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.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at members@hes.scot.

Historic Environment Scotland Site Location Downloads

These terms and conditions affect your rights and liabilities under the law and set out the terms under which Historic Environment Scotland provides the Sat Nav Site Location Download file (the "Download") to you.

1. The Download

The Download is made available to you for download from www.historicenvironment.scot. The Download provides the location details of our sites available in a format which can be transferred to compatible satellite navigation devices. The information contained in the Download is based on our GIS locations.

Although we aim to ensure that location information contained in the Download is correct, and we endeavour to update the Download on our website from time to time, we will not be responsible for any errors or omissions.Nothing in these terms and conditions will affect your legal rights as detailed below.

The Download is provided to you free of charge for your personal use subject to these terms and conditions. By using the Download you agree to be bound by these terms and conditions.

2. Usage

The Download is protected by national copyright, database and trade mark law. The Download is permitted for your personal, non-commercial purposes only. You may download and display the content of the Download on a satellite navigation device or store such content in electronic form on disk (but not any server or other storage device connected to a network).

Any copying, reproduction, lending or hiring, broadcasting or any other form of distribution of the Download is prohibited and will constitute a copyright infringement.

No licence is granted to you in these terms to use any trade mark of Historic Environment Scotland or its affiliated companies including, without limitation, the Historic Environment Scotland trade mark.

3. Technical support

The Download is provided by us without any warranties or guarantees that it will be compatible with all satellite navigation devices. We do not provide technical support for the Download. For guidance on how to download the file to your device, please contact your satellite navigation manufacturer.

We do not guarantee that the Download will meet your requirements or that the service will be fault free.

The Download does not include the provision of a computer of other necessary equipment to access the Download. To use the Download you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

We reserve the right to modify, suspend or discontinue the Download (or any part of it) without notice to you and shall not be liable to you if we exercise these rights. You acknowledge that you may no longer be able to replace the Download if we discontinue it and you agree that we shall have no liability to you in that event.

4. Your legal rights

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement.
  • if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back

if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

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, 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 to any part of our Websites other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Websites other than that set out above, please contact hs.website@scotland.gsi.gov.uk.

Intellectual Property and Right to 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 use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive 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.

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.

Viruses

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.

Assignation

These Terms are personal to you. You may not assign or otherwise transfer any of your rights under these Terms.

Indemnity

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.

Our rights

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 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.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

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 https://tickets.historic-scotland.gov.uk/webstore/content.aspx?kind=TermsAndConditions&Merchant=EC&CG=TKTS&C=GA.

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.

Entire agreement

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.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Scotland. We both agree to the exclusive jurisdiction of the Scottish courts.

Contact Us

If Users have any questions or suggestions regarding our Terms, please contact us at: Email: website@hes.scot

Telephone: 0131 668 8600

Address: Digital Media Team, Historic Environment Scotland, Longmore House, Salisbury Place, Edinburgh, EH9 1SH