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.
Get in touch
Fill in the form below and one of our team will be in touch. You can also phone 1300 149 140 during standard business hours.
Related Legal Insights
Consumer Guarantees under the Australian Consumer Law
The Australian Consumer Law (ACL), among other protections, establishes a national framework of guarantees designed to protect consumers and small businesses, which businesses are unable to contract out of. Subject to the ACL, businesses must guarantee products and services that are for sale, hire or lease where the cost is...
Read more
Whose laws apply in a dispute?
With the increase in ecommerce sites, it is easier than ever to provide goods and services remotely, including to customers living in different States or countries. This month, we will be considering how best to structure a contract for the provision of goods and services to provide for dispute resolution...
Read more
The Use of Electronic Signatures on Legal Documents
The Use of Electronic Signatures on Legal Documents Although Ray Tomlinson is credited with inventing email as far back as 1972 if anyone then had suggested that in less than 40 years email and other electronic communications would be widely accepted as a way of transacting business their comments would...
Read more
Why you should read online terms and conditions
Why you should read online terms and conditions The rapid pace at which technology is progressing means more of us are ‘transacting’ in a global environment. International online contracts are common place for businesses and consumers – whether we are purchasing fashion accessories through online retail outlets, subscribing to industry-specific...
Read more
Protecting your cashflow – the importance of your terms of trade
Protecting your cashflow – the importance of your terms of trade Terms of Trade are the terms and conditions on which a business sells goods and services to customers and on which they buy goods and services from suppliers. These terms form the basis for the trading relationships for all...
Read more