A statement/notice informing the user of any product or service of the possible consequences of the same.
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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?
What are the types of disclaimers?
There are about 9 types of disclaimers. Here are some examples of the disclaimers as follows:
Views Expressed Disclaimer: A Views Expressed disclaimer is common on websites, blogs, and other media where someone shares opinions, articles and self-generated content. This disclaimer lets the readers know that the views, thoughts, and opinions expressed belong solely to the author. Except for his employer, organization, committee, or any other individuals.
No Responsibility Disclaimer: No Responsibility disclaimer is also known as the disclaimer of liability. It works to keep your business from being held responsible for damages that arise from using the website or application.
Past Performance Disclaimer: Past Performance disclaimer lets the users know that this does not guarantee future results. It is commonly seen with investment and financial market websites or apps where results are always unpredictable.
Use At Your Own Risk Disclaimer: The ‘Use at Your Own Risk’ disclaimer is common with websites and apps that share information that people will rely on or use. For instance, recipes, medical information, advice, how-to’s, etc. You can’t be legally responsible if someone uses your information and it does not work out well.
Errors And Omissions Disclaimer: This disclaimer lets the users know whether your website has any inaccurate information or omissions, you aren’t to be held liable for damages because of them.
Fair Use Disclaimer: When you use something that falls under the Fair Use Act, this disclaimer protects you against being accused of copyright infringement.
Investment Disclaimer: This disclaimer is useful for websites that provide materials that would help someone make investment decisions. Even general news, publicly-available information and general analyses can count.
Copyright Notice Disclaimer: Including a copyright notice is an easy way to let the world know your website materials are yours. The copyright notice disclaimer includes the copyrighted year, the author’s name, the copyright symbol, and the reservation of rights the author wished to copyright.
Email Disclaimer: It can serve several purposes, but the most common is for breach of confidentiality. It lets the recipient know that the communication is confidential and only intended for its addressed recipient.
Benefits of a Disclaimer
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
- 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.
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