Terms and Conditions

1. Terms and Conditions

1.1. The Website is operated and owned by Taller Development Limited (Company Number 11903433) a company registered in England and Wales whose details can be found at Companies House ("TDL"). Daisy Bank Gate is a brand of Taller Development Limited.

1.2. Please read these Terms and Conditions (the "Terms") before continuting to use this Website as they contain important information regarding your rights and obligations in doing so.

1.3. Reference to ‘you’ or ‘your’ means the user who is accessing the Website.

1.4. These Terms constitute a legally binding agreement between you and TDL and we recommend that you download and store a copy of these terms for future reference.

1.5. By using the Website, you agree to comply with and be bound by the Terms in consideration of which TDL provides you with access to the Website.

1.6. These Terms include other terms via hyperlinks, which are incorporated by reference in these Terms. Any reference to the incorporated terms shall be deemed to form part of these Terms including the Cookie Notice. Your continued use of the Website signifies your accepted of the incorporated terms including the Cookie Notice.

1.7. If you do not agree to these Terms of Use, you must not use the Website.

1.8. These Terms do not affect your statutory rights or your legal rights as a consumer.

2. Intellectual Property

2.1. The copyright and all other intellectual property rights in this website (including but not limited to all database rights, trademarks, service marks, trading names, text, graphics, code, files, links and other materials ("Content"). published on it) belong to TDL, or to third parties and licensed to TDL. TDL does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. All rights are reserved.

2.2. TDL grants you a limited right to access and use the Website and our services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and our services only. For the avoidance of doubt, you acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms. TDL reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to this Website.

2.3. Subject to any restrictions or obligations contained in these terms, for personal use you may download material from this where TDL provide an option for you to do so. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Website without TDL's prior written consent and/or in circumstances where TDL has provided the functionality to share information where the scope of the date will be determined by TDL.

2.4. In accessing and/or registering on the website, TDL is providing you with access to use the website and its services. You do not have any ownership rights for the website and its services and you must not transfer use of the website and its services to anyone else.

2.5. You should notify TDL in writing promptly upon becoming aware of any claim that the Website or any of the contents of the Website infringes any copyright, trademark, or other contractual, statutory or common law rights of any party.

3. Acceptable Use

3.1. The website is intended for people who are at least 18 years of age.

3.2. With the exception of the content (images, words, pictures, and links) contained within it, The website is provided by Google.

3.3. Your registration and continued use of the Website following registration will confirm your acceptance of Google’s terms and conditions.

3.4. You will be provided with the opportunity to contact Ken Dowling via email. Ken Dowling is an authorised Agent of TDL and a Third Party. Any personal or other information you provide to a Third Party,  is by separate agreement between you and the Third Party. In contacting any Third Party via this Website you agree that TDL is not liable for any information exchanged between you and the Third Party.

3.5. You must not misuse our system or this Website, in particular, you must not attempt to gain unauthorised access to the Websites or its server, circumvent security or otherwise disrupt the operation of our system and this Website, or attempt to introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

3.6. TDL reserves the right to suspend all access to the Website at any time and in perpetuity.

3.7. Any opinions expressed in a subsequent email in response to a form, enquiry or an express of interest are those of the individual, or the Agent, and not necessarily the Company. All sent emails are to be treated entirely confidentially and solely for the use of the intended recipient. If you receive an email but are not the intended recipient, please note that any form of distribution, copying or use of the erroneous communication or the information contained therein is strictly prohibited and may be unlawful. If you have received an email in error, please notify TDL immediately. All reasonable precautions have been taken to ensure no viruses are present in sent emails. TDL cannot accept responsibility for loss or damage from the use of an email or attachments and recommend that you subject all emails to your own virus checking procedures prior to use.

3.8. You can terminate use of the Website at any time by not accessing the Website. 

4. Disclaimer and Liability

4.1. The Website (including all content on it) is provided by TDL on an "as is" and "as available" basis and TDL make no representations, guarantees or warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) including without limitation, warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. TDL accept no responsibility or liability and make no representations, guarantees, or warranties that the Websites will be secure, operate continuously, without interruptions or be fault-free or error-free or free from bugs or viruses or worms or "Trojan horses. It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our Websites and any information or content contained therein. Further, you are solely responsible for the compatibility with the Website and security of your computer and/or device. TDL may need to make the Websites unavailable with or without notice to carry out maintenance or upgrade work. TDL accept no liability for any interruption or loss of service.

4.2. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

4.3. You acknowledge that your use of the Website, including the Content is at your own risk and for personal and domestic use only. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.

4.4. Save in respect of fraud and of personal injury or death to the extent it results from TDL's negligence, in no event will TDL be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits or any other business loss, corruption of data, use of, or inability to use, the Website, or use of or reliance on any content displayed on the Website, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if TDL has been advised of the possibility thereof.

4.5. TDL 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 equipment, programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

5. Indemnity

5.1. You agree to indemnify, defend, and hold harmless each of TDL, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of TDL, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against TDL, its employees, representatives, suppliers, or agents is based on or arises in connection with:

• 5.1.1. your use of the Website or Services;

• 5.1.2. any breach by you of the Terms;

• 5.1.3. a claim that any use of the Website or Services by you infringes any intellectual property rights of any third party and/or any licences including the font licence, or

• 5.1.4. a claim that any use of the Website or Services by you infringes any intellectual property rights of any third party, or

• 5.1.5. is libellous or defamatory, or otherwise results in injury or damage to any third party;

• 5.1.6. any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website or Services by you; or

• 5.1.7. any misrepresentation or breach of representation or warranty made by you.

5.2. References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer. You agree to pay TDL, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

5.3. No waiver by TDL of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach and no failure to exercise or partial exercise by TDL of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

6. Changes to the Website

6.1. TDL may occasionally modify the Terms, change the content of the Website or suspend or discontinue using an aspect to the Website. Any changes will be posted on our Website or will no longer be accessible by you. Your continued use of our Website after posting will constitute your acceptance of, and agreement to, any changes. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms and/or a change or modification, you must not use the Website.

7. Product Specification

7.1. The content on our Websites provided for general information and interest only and should not be relied upon for any commercial transaction or similar use. Any specifications, illustrations, plans, features, materials and/or dimensions contained in the Website are for information purposes only, are examples and/or approximations, and measurements may be rounded. Detailed plans and specifications are available for inspection upon request form our Agent. You should check plot availability and your individual specifications prior to making a reservation with the Agent. TDL cannot accept contractual responsibility for your reliance on the information contained on the Website.

8. Links to Third Party Website

8.1. Links to third-party websites or pages to which the Website is linked are for information only and have not been reviewed by TDL. TDL has no responsibility for the content of these websites or pages linked or linking to this Website, and TDL accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites. Any access to Links to third-party websites or pages via this Website, are conducted entirely at your own risk

9. General

9.1. The headings in these Terms of Use are solely used for convenience only.

9.2. Nothing in these Terms of Use shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you or TDL shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

9.3. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

9.4. If there is an inconsistency or conflict of terms, these terms and conditions shall prevail.

9.5. The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

9.6. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

9.7. You may not assign or delegate any or all of your rights or obligations in these Terms of Use. TDL may assign this Agreement at any time without notice to you.

9.8. All notices or communications to TDL should be provided to: all@tallerdevelopment.co.uk