A disclaimer is a simple statement that can limit the liability of your business. It must be prominently placed, for example, either in your website footer or dedicated disclaimer page on your website. Some examples of disclaimer for websites are: Affiliates Disclaimer, General Information Disclaimer, No Responsibility for Third Party Content, Investment and Financial Advice, Medical Disclaimer.
What is a Disclaimer Statement?
In legal terms, 'disclaim' also means to deny responsibility for something.
A disclaimer statement is a warning notice that disclaims liability for any damages arising from use of any product or reliance on any information provided on the website by a user.
What does this mean for your business? This means you can disclaim responsibility for any loss or damage caused to the use from relying on the information or use of products provided on your website.
Example 1: You are a business coach and your client suffered loss due to the use/reliance on the information provided on your website. In such a case, having a disclaimer ensures that you have already warned the potential clients of any repercussions and disclaimed liability for any such loss/damage.
Example 2: Your website offers investment tips and advice then you can disclaim liability for any loss suffered by a website user from acting on the investment information provided on the website.
How do you write a Disclaimer?
Follow these 3 tips and you can write Disclaimer Statement for Your Business:
1. Identify the purpose of the disclaimer
The type of disclaimer will vary depending on the liability you intend to disclaim. So, try to understand what are the risks you want to mitigate depending on the nature of your business.
How do you identify the purpose of the disclaimer? See examples below:
Example 1: Health and Wellness Website
Risk: The website users might take the information on your website as medical advice leading to health issues.
Purpose of the Disclaimer: The purpose is to clarify to the users that the information provided on the website is for general information purpose only and does not constitute a replacement for professional medical advice.
Which Disclaimer do you need: No professional advice disclaimer
Example 2: Affiliate Links on your Website
Risk: The website users might think the linked products are your own brand and not a third party website.
Purpose of the Disclaimer: The purpose is to inform about affiliate relationships i.e. you earn commission at no cost to the user and ensure you maintain transparency and trust.
Which disclaimer do you need: Affiliate Link Disclaimer
Most likely, you will need more than 1 disclaimer for your website. We have provided guidelines in this article to help you identify the types of disclaimer you need for your website.
2. Limit Your Liability
Specify what you are not responsible for clearly. Use simple language that can be understood easily by your audience.
For example:
External Links Disclaimer: Specify you are not responsible for the content on the third party website.
Professional Advice Disclaimer: Specify information provided in not professional advice.
3. Display the Disclaimer Prominently
Ensure the Disclaimer is placed prominently on the website like on the website footer or a dedicated disclaimer page so that it is easily accessible by the users.
These steps will help you draft a comprehensive and effective disclaimer that meets the needs of your business and provides necessary legal protection. Seek legal advice to ensure your disclaimer is in compliance with local laws and regulations.
Which Disclaimer do I need for my business?
As discussed above, identify the need, the risk or responsibility you are trying to mitigate and select the appropriate disclaimer from the various types of disclaimers explained below.
What are the different types of disclaimers?
1. No Responsibility for Third Party Content:
Many websites allow third parties to post content on their website. This can be in the form of advertisements for the sale of products or services, information, advice, etc. This disclaimer is used to state that the website would not be liable for reliance by users on any content posted by third parties.
2. Third-Party Links/ Affiliate Links:
Some Websites contain links to external websites/blogs/apps, which redirect the users to those external platforms for further information. This disclaimer is used to state that the website owner itself is not in control of the content on such external platforms. The disclaimer mentions that the inclusion of such third-party links does not in itself imply a recommendation or endorsement of the views expressed on that platform.
3. Views/Opinions Expressed:
This disclaimer is used to prevent any liability which may arise due to the views of its employees/ advisers which have been posted on the platform. It states that the views expressed are strictly those of the author and that it does not necessarily represent the views of the Platform itself.
4. This Does not Constitute Professional Advice:
This is used by a website that provides legal/financial/medical or other professional information on their platform. This disclaimer states that the information and contents on the website are not a source of financial/ legal/ medical/ professional advice or analysis. The statement is used to clarify that the user uses the information at their own risk. This statement also expressly states that the use of the website by the user does not constitute any contractual relationship between the user and th website. This disclaimer is also used to clarify that the information on the website does not constitute any solicitation, recommendation, or endorsement, which may be contrary to the law of such jurisdiction.
- Investment/financial advice: A platform for investment advice may go on to state that the user should fully understand the risks and merits of an investment before making an investment decision.
- Legal Advice: The disclaimer states that the contents of the platform do not constitute formal legal advice and that the information is not a complete authority on a particular topic and needs to be modified by the user to meet the specific needs of the user. Further, this disclaimer clarifies that reliance on the contents of the platform does not constitute an attorney-client relationship between the user and the platform, and hence their communication is not protected by the attorney-client privilege.
- Medical Advice: The disclaimer in this case specifically mentions that the Platform content is not medical/health advice and that it is not intended to be substituted for professional medical advice or diagnosis or treatment. The disclaimer further clarifies that the information may not be updated, accurate, suitable, reliable, or complete and should be modified as per the specific needs of every individual. This statement advises users to seek professional medical advice from a qualified health care professional prior to starting a new medical regimen.
Where should disclaimer be placed on the Website?
Ensure the Disclaimer is placed prominently on the website like on the website footer or a dedicated disclaimer page so that it is easily accessible by the users.
