Terms of Website Use

1. These terms and conditions of use (“terms of use”)

1.1 What these terms of use cover. 

These are the terms and conditions on which we operate the Website ncap.org (the “website”). 

Please read these terms and conditions carefully before using this Website.

1.2 Acceptance of our terms of use. 

By using the Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the Website. We recommend that you keep a copy of these terms of use for future reference.

1.3 Amendments to our terms of use. 

We amend these terms of use from time to time. Every time you wish to use the Website, please check these terms of use to ensure you understand the terms that apply at that time. 

These terms of use were last updated on 11 July 2024. 

2 . Who we are and how to contact us

2.1 Who we are. 

“NCAP” is a brand of Historic Environment Scotland (HES). Historic Environment Scotland is 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 our principal office at Longmore House, Salisbury Place, Edinburgh, EH9 1SH. Our registered VAT number is GB221868015.

In these terms, “we” and “us” means Historic Environment Scotland.

2.2 How to contact us. 

To contact us, please email ncap@hes.scot or telephone +44(0)131 651 6821.

3. There are other terms that may apply to you

3.1    In addition to these terms of use, the following terms also apply to your use of the Website:-

3.1.1    Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. 

3.1.2    Our Cookie Notice, which sets out information about the cookies on the Website.

3.2    If you purchase items or services from the Website, the ncap.org Terms of Sale will apply.

4. We may make changes to the Website

We may update and change the Website from time to time to reflect changes to our products, our users' needs and our business priorities.

5. We may suspend or withdraw the Website

5.1    The Website is made available free of charge.

5.2    We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

5.3    You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms, and that they comply with them.

6. You must keep your account details safe 

6.1    The Website allows you to create a registered user account.

6.2    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 (in other words, your account details), you must treat such information as confidential. You must not disclose it to any other person and you must not share your account with any other person.

6.3    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 of use.

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

7. Using material from the Website

7.1    All elements of the Website are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.

7.2    The materials available to download through the Website are subject to Crown Copyright, or other Intellectual Property Rights, as indicated. 

7.3    The use of all materials downloaded from or obtained through the Website is subject to the licence applying to the particular materials. Information on the various licences applying to the Website materials can be found on our Licensing pages.  

7.4    If you print off, copy, download, share or repost any part of the Website without first obtaining a licence or in breach of the terms of the applicable licence, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the materials you have made. 

8. No text or data mining or web scraping

8.1    You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of):

8.1.1    Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.

8.1.2    Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

8.2    This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

9. Information on this Website 

9.1    No warranties or representations of any kind (expressed or implied) are given (and if any such warranties and representations arise by operation of law or otherwise they are hereby disclaimed to the fullest extent permitted by law) in connection with the Website or its content including the completeness, accuracy or appropriateness for a particular purpose. 

9.2    Users of the Website assume full responsibility for using the information and content of the Website and understand and agree that neither Historic Environment Scotland nor any of its trustees or employees are responsible or liable for any claim, loss or damage resulting from its use. 

10. We are not responsible for websites that we link to

10.1    Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

11. User-generated content is not approved by us 

11.1    The Website may include information and materials generated by other users of the Website, such as reviews. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.

11.2    If you wish to report content uploaded by other users, please contact us on ncap@hes.scot 

12. How to report an image or other material on the Website

12.1    We act in good faith when making images and material available on the Website. However, we recognise that, from time to time, images or material published on the website may be in breach of intellectual property laws, contain sensitive personal data, or include content that may be regarded as offensive, obscene or defamatory. 

12.2    If you are concerned that you have found an image or material on the Website which infringes intellectual property rights, contravenes privacy laws, is offensive, obscene or defamatory, please contact us at ncap@hes.scot stating in the subject line that it is a ‘take down request’. Please include the following information:

• your contact details; 
• sufficient information, including exact catalogue reference (where applicable), for us to identify the relevant images or material; and 
• the reason for your request. 

12.3    On receipt of your email we will acknowledge receipt and remove the image or material from the Website, temporarily, while we investigate the request.

12.4    A senior member of staff will be assigned to carry out a review and to come to a decision about whether the image or material should be made available online. This review and decision-making will be completed within 30 working days. You will be informed of the decision and provided with an explanation and if you are not satisfied, you may appeal the decision within 40 days. 

12.5    The image or material in question will either be made available again on the Website (either changed or unchanged) or will be removed from online view. 

12.6    As a general rule, images and material published on the Website are considered to be in the public domain and will be removed from online public view only in exceptional circumstances. Note that any image or material which is published from HES's archive, the National Archives and Records Administration (USA), or record and that is removed from the Website will remain accessible to visitors in the Search Room or via partners’ archives.  

12.7    Long term or permanent takedown of an image or material will only be considered in the following instances: 

• it contains personal or sensitive personal information about a living individual and continued access to this would be unlawful or unfair under the UK General Data Protection Regulation (UK GDPR), Data Protection Act 2018 or the Human Rights Act 1998; 
• where publishing it would be an infringement of copyright or other intellectual property right; 
• it is considered to be defamatory or obscene; 
• it was obtained illegally; or 
• it has been published online in error. 

12.8    Where material is removed for valid reasons of copyright, the material may be published on the Website again when copyright in the material expires, or when the holder of the copyright agrees that the material can be reinstated.

12.9    Where material is removed for valid reasons of data protection, the material may be restored at a date decided once HES considers that it is no longer considered sensitive.     

12.10    We are committed to ensuring that images and materials we hold are preserved and made available for people to use. However, we are also committed to ensuring that material is archived and displayed lawfully.

13. Our responsibility for loss or damage suffered by you 

13.1    Whether you are a consumer or a business user, 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 and for fraud or fraudulent misrepresentation. 

13.2    Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any items to you, which will be set out in the ncap.org Terms of Sale. 

13.3    If you are a business user:

(a)    we exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it; 
(b)    we will not be liable to you for any loss or damage, whether in contract, negligence, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website or use of or reliance on any content displayed on the Website;  
(c)    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 loss or damage.

13.4    If you are a consumer, please note that we only provide the Website to consumers for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

14. We are not responsible for viruses and you must not introduce them

14.1    We do not guarantee that the Website will be secure or free from bugs or viruses.

14.2    You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. 

14.3    You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. 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 the Website will cease immediately. 

15. Rules about linking to the Website 

15.1    You may link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 

15.2    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. 

15.3    The Website must not be framed on any other website. 

15.4    We reserve the right to withdraw linking permission without notice. 

15.5    If you wish to link to the Website other than that set out above, please contact ncap@hes.scot 

16. Which country’s laws apply to any disputes? 

16.1    If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England, you may also bring proceedings in England and Wales.

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

17. Our trade marks are registered

17.1    You are not permitted to use our trade marks without our approval, unless they are part of material you are using as permitted under clause 7 (Using material from the Website).