A disclaimer is a statement that specifies or reduces the rights and obligations of all parties concerned. It states that a company/organization isn’t responsible for any inaccuracies. A disclaimer is extremely important for an individual/company website and mobile app. It lets one address points regarding liability/copyright/any other important topics etc. If accidentally there is an error in the content put out by an individual/company, it can open the door for legal action against them. To help prevent such an outcome, an individual/company states in their disclaimer that they don’t make any guarantees about the accuracy of the information on their website/app etc. This way an individual/company will not be liable for the outcome that results due to the use their website/app.
POINTS INCLUDED IN A DISCLAIMER
A disclaimer covers all the liabilities that may occur for a product or service that an individual/company provides. An individual/company is obligated to warn customers of any danger or hazards posed by their product/goods. An individual/company must specify the risks, also acknowledge that such a list is not exhaustive. An individual/company can write a notice of risk.
DIFFERENT TYPES OF DISCLAIMERS
ADVANTAGES OF A DISCLAIMER
- IT HELPS MINIMIZE LIABILITY: A disclaimer secures the power of the individual/company such as the buyer and seller, in any law. 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.
REQUIREMENTS OF A DISCLAIMER
- An individual/company must identify the goods or services they provide. The goods may include any raw materials/objects/relevant information/or both
- An individual/company must think about the liability that can be subjected to
- An individual/company must Identify the rights they want to protect.
- An individual/company must understand the limitations of the legal disclaimers
POINTS TO BE CONSIDERED IN A DISCLAIMER AGREEMENT
- LIMITED LIABILITY FOR TANGIBLE & INTANGIBLE GOODS AND SERVICES: If an individual/company is in the business of selling gym equipment, the disclaimer agreement should state that the consumer/customer must assume all responsibility for using these products
- PROTECTION OF RIGHTS: To limit one’s potential exposure to lawsuits, an individual/company must protect their own rights in their product. They should also warn other parties against violation. The Disclaimer Agreement must include a clause such as “All the content is subject to copyright and may not be reproduced in any form without the express written consent of the author”
- LIMITATION OF ONE’S RESPONSIBILITY TOWARDS THIRD PARTIES: This clause is extremely important if an individual/company’s business uses advertising/it uses outside vendors/or has a website or social media page that is open to the general public for comment. For example, if one is in the business of wedding planning, the disclaimer should state that the individual/company cannot be held responsible for the failure of the contractors for non-performance of their duties
- CONTACT INFORMATION: This is important for the individual/company’s customers who contact them regarding the information that they have provided. At a minimum, an individual/company should provide an email address. It will help to generate business and answer all the questions
- CUSTOMER AWARENESS ABOUT THE DISCLAIMER: The disclaimer must be in a place where it’s easily visible to the customer/public. One must use a boldface font to make it conspicuous. It is extremely crucial for an individual/company to ensure that their customers have seen and acknowledged the disclaimer
A disclaimer used in a document is known as a document disclaimer. This draft document disclaimer states that the content present in the said documents are private and completely confidential.
Our team of expert lawyers and attorney at ACE ALLIANCE will help prepare the first disclaimer draft and share it with you in three days. If there is a need for revision, then ACE ALLIANCE will provide the next three rounds of iterations to you at no extra cost