A disclaimer is a statement that specifies or delimits the rights and obligations of parties. It asserts that the company won’t hold the responsibility for any inaccuracies. It is very valuable for your website and mobile app. It lets you address points about liability, copyrights, and other important topics.
If there is an error in your content, even if it was unintentional, you could be left open to legal action. To help prevent the outcome, state in your disclaimer that you make no guarantees as to the accuracy of the information on your pages. In this way, you will not be liable for the outcome of the use of your website.
What does a Disclaimer Include?
In your disclaimer, cover all liability for the product or service that you provide. You should warn consumers of any dangers or hazards posed by your product. You should specific risks while at the same time acknowledging that the list is not exhaustive. For instance, you can write a notice of risk.
Benefits of a Disclaimer
Minimizes Liabilities: Disclaimers secure the power of the individuals involved for example the buyer and the seller, in any lawfully identified alliance. A good disclaimer can limit liabilities by minimizing legal risks.
Helps Avoiding Unnecessary Lawsuits: A disclaimer is commonly stated in circumstances consisting of a definitive element of liability or ambiguity. In such instances, a good disclaimer specifically details the rights and liabilities of the user and the seller.
Checklist/ Requirements of Disclaimer
To identify the need for a disclaimer, here are some requirements for the disclaimer:
- Identify the goods or services you provide. The goods may include tangible (any materials or objects), intangible (any information) or both.
- Think about the liability that you are subjected to.
- Identify the rights you want to protect.
- Understand the limitations of legal disclaimers.
What all Needs to be Taken Care of in a Disclaimer Agreement?
Limited Liability For Tangible & Intangible Goods And Services
For example, If you are selling gym products, the agreement should say that the customer assumes all responsibility for the use of the equipment.
Protecting Your Rights
Just as you want to limit your potential exposure to lawsuits, you should protect your rights in your product and warn others against violation. Disclaimer Agreement should include a clause like “All the content is subject to copyright and may not be reproduced in any form without the express written consent of the author”.
Limiting Your Responsibility For Third Parties
This is especially important if your business displays advertising, using outside vendors, or has a website or social media page that is open to public comment. For instance, if you run a wedding planning business, disclaimer should read that you cannot be held responsible for the failure of contractors in performing their duties.
The terms and conditions spell out the rights and responsibilities of you, the business, and your customer. Your disclaimer can then exempt you from liability if the customer does not expect by the terms and conditions. For instance, if you sell mobile phones, you could include in your terms and conditions. Including that you are not responsible for damage to the phone if the customer does not use them appropriately.
This is to get in touch with the customers so that they can contact you regarding the information that you have provided. At a minimum, you should provide an email address. It helps to generate business and clear all the queries.
Make Customers Aware Of Your Disclaimer
The disclaimer must be placed where it should be visible to the public. Use boldface so that it is conspicuous. It is very important to document that your customers have seen and acknowledged the disclaimer.
The disclaimers are also used in several documents which are known as document disclaimers. This draft document disclaimer is to state that the contents present in the documents are private and highly confidential.
Our Disclaimer Process
2-4 Business Days
Upon contact, your request to create a disclaimer will be received and our representative will be in touch with you to take your request forward. If we need more information from your end, we will call you as and when required. After we receive all your details, our in-house lawyers and legal experts, will create your disclaimer and send it across for your view within 2- 4 business days.
FAQs on Disclaimer
Can you copy a disclaimer from another site?
No, you should not copy a disclaimer from one site to the other site. This is because the content present in one disclaimer will be different from the other.
Can we use a disclaimer template?
No. You may wish to use a disclaimer template to get started on the process of writing your disclaimer, but simply “filling the blanks” on a template is not going to get the work done. It is because the person who creates a template will not know all the information about your website.
Does a disclaimer protect you?
A disclaimer is an assurance that you are not responsible for something. In business, it is basically to protect yourself from claims of obligation. A disclaimer protects you from claims against your business from information used on your website.