Terms of Sale

1    These terms and conditions of sale (“terms of sale”)

1.1    What these terms cover. These are the terms of sale on which we supply digital products and services to you via our websites at (i) ncap.org and any subdomain of this website (e.g. airphotofinder.ncap.org) and (ii) NCAP digital products and services order via https://account.historicenvironment.scot/ (together the “Websites”). These terms do not apply to the supply of Trove digital material and services provided via Trove.scot or https://account.historicenvironment.scot/ (please see: Licensing | trove.scot)
1.2    Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide items to you, how you and we may change or end our contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss at our contact details below.  
1.3    These terms of sale were last updated on 26 August 2026.
1.4    Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
•    you are an individual; and 
•    you are buying items from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.5    If you are a business customer this is our entire agreement with you. If you are a business customer, these terms constitute the entire agreement between you and us in relation to your purchase. You agree that our products are not for re-sale or distribution. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this contract. If you are a business customer or are ordering on behalf of a business you confirm that you have authority to bind any business on whose behalf you purchase Digital Products and Services from us. 

2    Information about us and how to contact us 

2.1    Who we are. We are Historic Environment Scotland Enterprises Limited (“HESE” or “we” or “us”), a company incorporated in Scotland with registered number SC510997 and having its registered office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH. We are a wholly-owned subsidiary of Historic Environment Scotland (“HES”), an executive non-departmental public body incorporated and 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. Our registered VAT number is GB 221 8680 15. 
2.2    NCAP is the National Collection of Aerial Photography. It is one of the largest collections of aerial imagery and associated records in the world. NCAP is part of HES. 
2.3    How to contact NCAP. You can contact NCAP by telephoning our customer service team at +44(0)131 651 6821, emailing ncap@hes.scot or writing to: 
The National Collection of Aerial Photography
Historic Environment Scotland 
Unit 3, Seven Hills Business Park 41 Bankhead Crossway South 
Edinburgh 
EH11 4EP 
United Kingdom. 
Details of our core office hours is available here: Contact Us. 
2.4    How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 
2.5    “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. 
2.6    Complaints. If you have any questions or complaints about products purchased through the Websites, please contact us. You can telephone our customer service team at +44(0)131 651 6821 or write to us at ncap@hes.scot. Our Complaints Handling Procedure explains what you can expect from us.

3    The Website and its content. 

3.1    The Websites are owned and operated by Historic Environment Scotland. All elements of the Websites are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property. 
3.2    The Websites are intended for customers of NCAP. You may not use the Websites for any purpose not related to your business with NCAP. You are specifically prohibited from downloading, copying or re-transmitting any or all of the Websites or its content without, or in violation of, a written licence or agreement with us.
3.3    You must comply with the NCAP Terms of Website Use: Terms of Website Use: NCAP – National Collection of Aerial Photography and the HES Ecommerce Terms of Website Use: Terms of Website Use: HES Ecommerce – Historic Environment Scotland.

4    Digital Products and Services

4.1    Available NCAP products and services. The Websites allow you to order photographic images, aerial photography images, metadata, and images of records, documents and data (the “Digital Products”) and services including scan on demand, authenticity, image verification, archival digitisation and paid image search services (the “Services”). Further details of the NCAP products and services on offer is available here: Products and Services.    
4.2    Image quality. Image quality and resolution will vary depending on the age, quality, condition, format and size of the original image or document. We endeavour to create the highest quality images from the original as possible.

5    Pricing 

Where to find the price for Digital Products and Services. The price of our Digital Products and Services (which exclude VAT) will be the price indicated on the Websites when you placed your order (for direct sales through our online portal) or the price issued in your quote (for online and email order enquiries). Further information on the pricing of NCAP products and services is available here: Products and Services. 
5.1    Incorrect prices. We take all reasonable care to ensure that the price of the Digital Products and Services advised to you is correct. However, it is always possible that, despite our best efforts, some of the Digital Products and Services we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return or deletion of any Digital Products provided to you. 
5.2    Overseas orders. As we are a UK organisation, all charges shown on the Websites or provided to you in an estimate are in Pounds Sterling. If you are placing an order from overseas, your card issuer may convert the charge into your local currency. 
5.3    We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we confirm acceptance of your order, we will adjust the rate of VAT that you pay, unless you have already paid for the Digital Product and/or Service in full before the change in the rate of VAT takes effect.

6    Our contract with you for orders 

6.1    How to make an online order. When you purchase a Digital Product and/or Service on the Website through our direct sales or order enquiry process, you will be guided through the process of placing an order by a series of simple instructions.
6.2    Direct sales process
a)    As part of the direct sales ordering process, you will review and accept the terms of the licence. 
b)    To complete the ordering process, you will be required to make a credit or debit card payment for the Digital Products and/or Services you wish to purchase and, payment will be taken automatically at that time.
c)    On submission of your order, you will receive an order confirmation email confirming our acceptance of your order. Receipt of this order confirmation email confirms our acceptance of your order and shall constitute a binding contract between you and us, which will incorporate these terms and be subject to the licence applying to the Digital Products you have ordered. 
d)    You will then receive a further email from attaching (i) the terms of the licence applicable to the Digital Products that you ordered and (ii) the download link for the relevant Digital Products. The download link will be accessible for 7 days only.
6.3    Online order enquiries process
a)    On submission of your order enquiry, you will receive an automatic acknowledgement of the order submission. 
b)    You will receive a further email from our sales team confirming our acceptance of your order and attaching the terms of the licence applicable to the Digital Products and/or Services that you ordered. Acceptance by you of the terms of the licence shall constitute a binding contract between you and us. which will incorporate these terms and be subject to the licence applying to the Digital Products and/or Services you have ordered. 
c)    On acceptance of the terms of the licence applicable to the Digital Products and/or Services, if a payment is due for the Digital Products and/or Services, you will receive an email with instructions for making payment via credit or debit card. Payment will be taken automatically at that time. If you are a business customer, we may agree to such other payment terms with you in writing. 
d)    On payment in full, you will receive a further email with a download link for the relevant Digital Products and/or Services. The download link will be accessible for 7 days only. 
6.4    Email order enquiries process
a)    Some of our Digital Products and Services (for example our paid image search services) are only available to order by contacting the team by email at: ncap@hes.scot,.
b)    For Digital Products and Services ordered via email, you will receive an email with a quotation setting out the details of your order and any additional terms relative to the Digital Products and/or Services that you are ordering. 
c)    Your acceptance of this quotation shall form a binding contract between you and us, which will incorporate these terms and also be subject to any licence terms applying to the Digital Products and/or Services you have ordered.
d)    On acceptance of the quotation, if a payment is due for the Digital Products and/or Service(s), you will receive an email with instructions for making payment via credit or debit card. Payment will be taken automatically at that time. If you are a business customer, we may agree to such other payment terms with you in writing.
6.5    Your acceptance of these terms. You will be deemed to have accepted these terms when you submit your order and no variation of these terms shall be effective unless agreed in writing with us. 
6.6    If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Digital Products and/or Services you have ordered. This might be because the Digital Product or Service is not currently available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Digital Product and/or Service or for any other legitimate reason.  We reserve the right to refuse any order for Digital Products and/or Services at our discretion and we will have no obligation to provide you with any reasons for so refusing. 
6.7    Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

7    Delivery 

7.1    Delivery of Digital Products. A link that will allow you to download the Digital Products you have ordered will be will be sent to you by email. The link for you to download the Digital Products will be valid for 7 days only after which it will expire and it cannot be re-sent and you will not be able to retrieve the Digital Product. Under our contract, delivery of the Digital Products you have ordered is deemed to have taken place when that email containing the link is sent. 
7.2    Images will be supplied in the format and size detailed in your order.

8    Your licence and how you can use the Digital Product 

8.1    Use of Digital Product is subject to the applicable licence. Digital Products may only be used in accordance with the applicable licence.
8.2    Licence types. When you place an order for an Digital Product, you will inform us of your intended use of the Digital Product you have ordered. The available licences are: 
•    Personal licence; 
•    Educational licence; and 
•    Commercial licence 
Information on each type of licence can be found at the end of the Licence Terms (see: Licence Terms – NCAP – National Collection of Aerial Photography).  
8.3    How you will receive your licence. If your order is accepted by us, we will send you an email confirming your order. The licence applicable to your order will be attached to that email. Your licence will commence at the time you accept the terms of the licence. 
8.4    You must credit the source of the Digital Product. When you print, publish, exhibit or broadcast an Image, you must include the following credit line: “National Collection of Aerial Photography: [Sortie and Frame Reference]. All rights reserved”. Any alterations to this credit line must be approved in writing by NCAP (contact ncap@hes.scot). If you fail to credit the Digital Product as specified or agreed, we may revoke your licence to use the Digital Product and order that you take down the Digital Product. 
8.5    Uses beyond those permitted under a licence. If you wish to use a Digital Product other than as permitted under the applicable licence, you must obtain our consent before you do so. We may require you to enter into a separate licence agreement as a condition of us granting our consent.  

9    Your right to cancel or reject Digital Products and/or Services 

9.1    Your right to cancel an order if you are a consumer. If you are a consumer, under the consumer protection laws you have certain rights to cancel your order for any reason (see paragraph 9.2 below) except where any Digital Product is made to your specification or is bespoke in nature or in the circumstances set out in paragraph 9.3 below.  
9.2    Subject to paragraph 9.1 above, you may cancel an order for a Digital Product and/or Service provided you do so within 14 days from the time the contract between you and us comes into existence i.e.
a)    for online direct sales: within 14 days of the date that we send our order confirmation email to you;
b)    for online order enquiries: within 14 days of the date that you accept the terms of the licence; and
c)    for email order enquiries: within 14 days of the date that you accept our quotation.
9.3    Supply during the cancellation period. By placing your order, you will be asked to acknowledge that you are expressly requesting the supply of the Digital Products and/or Services to begin during the cancellation period. If you subsequently cancel a contract for the supply of Services, you will be required to pay to us an amount which is proportionate to the Services that we have already performed up until you have notified us of your wish to cancel the contract. If the Services have been performed in full then you have no right to cancel.  You will also lose your right to cancellation if you have downloaded any Digital Product we have made available to you through the link (downloading includes viewing the Digital Product).
9.4    Your right to cancel an order if you are a business customer. If you are a business customer, you may only cancel an order for a Digital Product and/or Service and request a refund if we have not yet delivered the Digital Product to you or if we have not already started supplying the Service. No refund will be provided if delivery of the Digital Product has already taken place. If the Digital Product has not yet been provided and you wish to cancel the order, we may deduct an amount which is proportionate to the Services that we have already performed up until you have notified us of your wish to cancel the contract.
9.5    Paid Image Search (applicable to all customers). Where you order our paid image search service, we will deliver an official statement of our catalogued holdings that cover your area of interest (AOI). You acknowledge that your report will only include catalogue reference details of frames that cover your AOI in the event that such catalogue reference details exist and you will only receive lower-resolution reference copies of identified frames, where these are available. You shall not be entitled to any refund if the results provide no catalogue reference details or no lower resolution reference copies are available.
9.6    How to cancel. If you wish to cancel an order for a Digital Product and/or Service, you can inform us by letter or email (see the Contact Us section above for the contact details). You may use the wording in the model cancellation form set out in Annex 1 below, but this is not compulsory. 
9.7    Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on the Websites and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.  
Digital Products:
a)    The Consumer Rights Act 2015 says that digital content must be as described, fit for purpose and of satisfactory quality.  
b)    If your digital content is faulty, you're entitled to a repair or a replacement. 
c)    If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. 
d)    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. 
Services:
a)    The Consumer Rights Act 2015 says that you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b)    If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
c)    If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
9.8    Your rights and remedies if you are a business customer. We warrant that on delivery any products which are goods shall:
a)    conform with their description; 
b)    be free from material defects; 
c)    be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and 
d)    be fit for any purpose held out by us. 
9.9    Reporting faults or problems. The Digital Products and/or Services we deliver to you are deemed to have been received complete and correctly, without corruption and in good condition, unless we receive written or email notification of any delivery failure, discrepancy, corruption or damage within 7 days of delivery. Please report faults or problems by telephone or email at the details set out in the Contact Us section above. Please provide your name, address, details of the order and your phone number and email address. 
9.10    Rectifying problems. We will do our best to rectify faults or problems as quickly as possible. If we provide replacement Digital Product and/or Service to you, these terms and the licence issued to you in respect of the original Digital Product shall apply to the replacement Digital Product and/or Services (as applicable). In the event that we cannot rectify issues with Digital Product and/or Service provided, we will offer you a refund. 
9.11    How we will refund you.  If you are entitled to a refund under these terms, we will refund you by the method you used for payment. 
9.12    When your refund will be made. We will make any refunds due to you as soon as possible and not later than 14 days after it is informed about your decision to cancel the contract.  

10    Our rights to make changes and withdraw  

10.1    We may withdraw any Digital Products and/or Services from the Websites at any time. Where we have not sent you an email order confirmation in respect of such Digital Product and/or Services creating a contract between you and us, we will not be liable to you by reason of our withdrawing any Digital Product or Service offerings from the Websites. 
10.2    Minor changes to the Digital Product and/or Services. We may make minor changes to the Digital Products and/or Services: 
a)    to reflect changes in relevant laws and regulatory requirements; 
b)    and to implement minor technical adjustments and improvements. 
These changes will not affect your use of the product. 
10.3    Withdrawing Digital Products. There may be circumstances where Digital Products are withdrawn from the Website and/or Digital Products previously made available are removed from public access. Please refer to the section titled “How to report content on the Website”  in the Terms of Website Use: Terms of Website Use: NCAP – National Collection of Aerial Photography for further information. We will not be liable to you by reason of our removing any Digital Product and/or Service from the Website whether temporarily or permanently. 
10.4    Changing information on the Websites. We reserve the right to change, modify, remove or substitute without notice any information shown on the Websites (including these terms) so you are advised to check the current prices listed on the Websites and check these terms whenever you submit an order. 

11    Termination of your licence 

11.1    Termination of your licence. If you print off, copy, download, share or repost any Digital Product without obtaining a licence or in breach of the terms of your licence or if you validly exercise your rights to terminate or cancel the contract in line with paragraph 9 above, your licence will automatically terminate and your right to use the Digital Product will end immediately and you must, at our option, return or destroy any copies of the Digital Product you have made. 
11.2    Our right to claim compensation. Any use of the Digital Product in the absence of a licence or in breach of the licence terms may constitute an infringement of copyright and also a breach of these terms which may entitle us to claim damages. 
11.3    You must indemnify us. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any Digital Product you obtain from the Websites. 
11.4    Lapse of your licence. Your licence will also automatically terminate after a certain amount of time or in certain circumstances. Please refer to your licence for details. 
11.5    Your obligations on termination of your licence. If your licence terminates, you must permanently destroy or delete from your computer and your system and any computer or system controlled by you all copies of the Digital Product(s) and, at our request, provide us with evidence of any such deletion/destruction.

12    Our responsibility for loss or damage suffered by you if you are a consumer 

12.1    We are responsible to you for foreseeable loss and damage caused by us. If you are a consumer and if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 
12.2    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at paragraph 9.7 above.
12.3    We are not liable for business losses. If you are a consumer, we only supply the Digital Products and/or Services to you for domestic and private use. If you use the Digital Products and/or Services  for any commercial, business or re-sale purpose our liability to you will be limited as set out in paragraph 13.

13    Our responsibility for loss or damage suffered by you if you are a business customer

13.1    Nothing in these terms shall limit or exclude our liability for:
a)    death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b)    fraud or fraudulent misrepresentation; or
c)    any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2    Subject to paragraph 13.1:
a)    we shall not be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of business opportunity or any indirect or consequential loss arising under or in connection with any contract between us; and 
b)    our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, negligence, breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products and/or services under such contract.

14    How we may use your personal information. 

14.1    How we will use your personal information. We will only use your personal information as set out in the privacy notice on the Website: Privacy Notice - NCAP National Collection of Aerial Photography. 

15    Other important terms

15.1    We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2    You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 
15.3    Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4    Your right to use our name. You may not use the names 'NCAP’, ‘Historic Environment Scotland’ or ‘Historic Environment Scotland Enterprises Limited' or any similar name in any manner in connection with any Digital Product and/or Service, except as expressly set out in these terms or as agreed in writing by us.
15.5    If a court finds part of this contract 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.
15.6    Even if we delay in enforcing this contract or a licence, we can still do so 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 this contract, that will not mean that you do not have to do those things or that we have waived the right to enforce these terms or the terms of a licence and it will not prevent us taking steps against you at a later date. 
15.7    Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales, you can bring legal proceedings in respect of the products in either the Scottish or the English & Welsh courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.
15.8    Which laws apply to this contract and where you may bring legal proceedings if you are a business customer. If you are a business customer, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim. 
15.9    Overseas orders. The Websites and these terms have been designed for use within the United Kingdom. Whilst we will accept orders from outside the United Kingdom, we give no warranty, express or implied, that the Websites or the placing of any order through the Websites from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any services not permitted under your local law are not offered to you. We reserve the right to refuse any order at our discretion from overseas customers and we will have no obligation to provide you with any reasons for refusing an order.

Annex 1: Model Cancellation Form

The National Collection of Aerial Photography (NCAP)
Historic Environment Scotland 
Unit 3, Seven Hills Business Park 41 Bankhead Crossway South 
Edinburgh 
EH11 4EP 
United Kingdom

Email: ncap@hes.scot

Telephone: +44(0)131 651 6821

To NCAP, 
I hereby give notice that I cancel my contract of sale and any applicable licence of the following Digital Product and/or Service: [Insert the details of the Digital Product and/or Service ordered]

Date of order: [insert the relevant date]
Name of consumer: [insert your name]
Address of consumer: [insert your address]

Signature of consumer (only if this form is notified on paper):
Date: