Website disclaimers

Website disclaimers are an important tool that limit the liability of businesses and set out terms of use for their website.

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Website disclaimers help limit liability

The precise content of a disclaimer will depend on the type and scope of a business, but should include terms stating that a website is provided without any warranties (whether express or implied) relating to matters such as suitability of a product or that the website is free of viruses.

It is important to note that disclaimers cannot exclude liability in certain matters, such as requirements under Consumer Protection legislation, negligent misstatements or other potentially misleading material contained on the website. Therefore, the content of the website should be regularly monitored to ensure that it does not contain any such material.

Whilst a website disclaimer does not entirely eradicate the possibility of a party holding the website owner responsible for loss, the terms in the disclaimer can assist in demonstrating that the user was aware of the risks they were taking when they used the website.

Disclaimers are most effective when they are brought to the attention of the website user. This can be done using a pop-up box that a customer must accept before proceeding to the website.

At Lawbase, we understand the importance of protecting a business as fully as possible from any claims made against it. Therefore, we highly recommend seeking legal advice when setting up an online business to ensure that your website disclaimer is as comprehensive and detailed as possible.

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