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

1.1What these terms of use cover. These are the terms and conditions on which we operate the websitetrove.scot (the “Website”).Please read these terms and conditions carefully before using the Website.

1.2Acceptance 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.

1.3Amendments 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 15 July 2024.

2 Who we are and how to contact us

2.1Who we are. “trove.scot” is a brand ofHistoric Environment Scotland. Historic Environment Scotland (HES) 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.

2.2How to contact us. Our contact details are below.

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 OurPrivacy 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 OurTakedown Policy, which sets out the process for reporting content, including images, archival material and information previously made available to be removed from public access.

3.1.3 OurCookie Notice, which sets out information about the cookies on the Website.

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 Using material on the Website

6.1 The use of content downloaded from the Website is subject to the licence applying to the particular content.See information on the various licences applying to the Website content.

6.2 Content obtained from the website may only be used in accordance with the applicable licence.

6.3 If you print off, copy, download, share or repost any part of the Website in breach of the terms of your licence, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the content you have made. Legal action may also be taken against you.

7 No text or data mining or web scraping

7.1 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):

7.1.1 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.

7.1.2 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.

7.2 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.

8 Information on this Website

8.1 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.

8.2 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.

8.3 Scheduled Monuments

8.3.1 We maintain a schedule (a list) of monuments of national importance. We do this by adding monuments to this list, amending existing records, and removing designations from the list where they don’t meet the legal criterion.

8.3.2 The ‘legal document’ is the designation record for the monument. We also provide additional information on the Website in relation to each scheduled monument record. This additional information is for information purposes only.

8.3.3 We do not accept any liability for any loss or damage suffered as a consequence of inaccuracies in the information provided.

8.3.4 Advice should be sought from Historic Environment Scotland at the earliest opportunity if you are proposing land management changes, a development, or any other activity that could potentially affect a scheduled monument. Find out more aboutScheduled Monument Consent.

8.4 Listed Buildings

8.4.1 Other than the name or address of a listed building, further details are provided for information purposes only.

8.4.2 Addresses and building names may have changed since the date of listing and the accuracy of information provided cannot be guaranteed and should not be relied on.

8.4.3 The dots on the map (or point data) which indicate the presence of a listed building may not always be accurate. For these reasons we recommend you carry out a cross-referenced record and map search to find out if a building is listed.

8.4.4 We do not accept any liability for any loss or damage suffered as a consequence of inaccuracies in the information provided.

8.4.5 Professional advice should be sought from the local planning authority at the earliest opportunity of proposed development or land management changes, or any other activity that could potentially affect a listed building.

9 Keyword search and map search

9.1 There are two methods to search for designations on the Website:

9.1.1 a text based record search; and

9.1.2 a map based record search.

9.2 The Website search facilities are provided to help users identify records of places, designated assets and areas.

9.3 The mapped spatial data provided does not carry any legal status. The data may not be current and it may not represent the legal extent of a site.

9.4 If you intend to rely on a search result, it is your responsibility to check the record as a whole and not rely exclusively on the search function.

9.5 We accept no liability for any loss or damage suffered as a consequence of a reliance on the search function and failure to check the full list of designations.

9.6 For all searches (particularly Listed Building searches), Website users are recommended to carry out both a record and map search to cross-reference the results.

9.7 Spatial data is licensed for use under the Open Government Licence.

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 How to complain about or report content

11.1 If you wish to complain about any content on the Website, please contact us and refer toour complaints process.

11.2 If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately.

11.3 OurTakedown Policy sets out the process by which, and the circumstances in which, content, material and information previously made available may be removed from public access.

12 Our responsibility for loss or damage suffered by you

12.1 Whether you are a consumer or a business user:

(a) 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.

(b) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you.

12.2 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.

12.3 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.

13 We are not responsible for viruses and you must not introduce them

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

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

13.3 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.

14 Rules about linking to the Website

14.1 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.

14.2 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.

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

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

14.5 If you wish to link to the Website other than that set out above, please contact us.

15 Which country’s laws apply to any disputes?

15.1 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 or Wales, you may also bring proceedings in England or Wales.

15.2 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.

16 Our trade marks are registered

16.1 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 6 (Using material on the Website).

Contact Us

If you would like to contact us about the Website:

• Email:trove@hes.scot

• Telephone: 0131 651 6872

• Monday to Thursday, 9am–5pm and Friday, 9am–4.30pm (except public holidays)

We aim to acknowledge emails in accordance with our service standards.What to expect when you contact us.