As I started to write a disclaimer for a product earlier today I become aware of the things I didn’t want to say, but needed to be said for the protection of people working with me and for my protection from people who may want more than they are entitled to in return from me. With this in mind I wanted to make a point of the fact that preparing a disclaimer for your website is an essential protection measure for you and your visitors.
To protect myself I began writing additional information and started thinking, well does that really need to be said and in every case the answer was “YES’, because clarity of your terms can never be overstated and may help protect you in a dispute with a customer.
With that in mind I thought I would use this as lesson here.
Here is the lesson for preparing a disclaimer for your website
It is a sad fact that deceptive people operate within any industry, in any part of the world and for that reason governments and authorities put measures in place to protect consumers (you and me). It is however not uncommon for people to want more than their fair share of compensation for what they have purchased and the results they receive from how they use the products and services purchased.
With personal & business assets at risk of being pursued by people wanting to claim more than they are entitled to, it is essential that you and I include transparent information for our terms of doing business. This is usually accommodated by the provision of a disclaimer within a document or website.
If there is one piece of advice I can give you in business without reservation, it is to be clear in what you’re providing and make it known from the outset what your liability is limited to. You should do this under advice of a legal professional and cover all contingencies relating to your product or service.
Please note that any limit of liability will come with the need to abide by laws and is not your opportunity to avoid legislation or law.
I will say this one more time: State your terms and conditions clearly and have them checked by a legal professional when preparing a disclaimer for your website.
The following is a draft of the terms and conditions I wrote earlier, which are about to be checked over by a legal adviser.
Terms, Conditions & The Things I Feel Obligated To Disclose
All Content Is Provided As General Information Only
This document and any other websites or documents provided by (name) are provided as general information only and should not be relied upon as professional business advice.
Please use caution when going into business, it is a serious commitment and needs to be considered carefully.
It is advisable for you to seek professional help before beginning a business or making changes within an existing business. Any suggestions I make in my documents, websites and publications are purely for informational purposes and professional help should be sought before using any of the information I provide.
Accuracy & Completeness of Information
Although the intention is to always provide complete and accurate information within my documents, websites and publications, I am human and make mistakes sometimes, so I cannot and do not guarantee the accuracy of all information provided in any of my publications.
From time to time, financial examples may be used within my documents, websites and publications.
Please understand that these are just examples and should NOT be taken as being achievable by all or anyone in particular. Your results will be dependent on your ability to follow instructions, use the most appropriate tools and take action on any suggestion being made.
You must consider all factors, including current market conditions and the changing nature of some platforms, as these may affect results substantially. Please seek professional advice, as No results are being guaranteed for any of the information being presented within this or any material supplied by (name).
Limit of Liability
(name) will always honor and pay an unconditional refund of the purchase price of a product or service purchased, within the stated refund period (usually a maximum of 30 days from date of purchase). The purchase price is however the limit of liability and no additional costs will be paid.
Please be aware that liability is limited to a refund of no more than the cost of any purchase and in no circumstances will a value greater than the purchase price be paid. No loss of time, no loss of productivity or punitive costs will be paid under any circumstances and it is advisable that you ask for an immediate refund of the cost of the product or service purchased if you do not accept this clause. Your use of any product or service provided by (name) will be taken as your acceptance of this clause.
This is all I have written for this disclaimer and it may not be legally sound at this point in time, so use the content if you will cautiously and get advice from a legal adviser when creating documents like this.
I will close of this article with a few key points
- Be specific when preparing a disclaimer for your website
- Be clear in what you are offering
- Don’t overlook important points because you don’t want them to be seen
- Don’t use a disclaimer as an attempt to avoiding legal obligations (it won’t work – the law is the law)
- This is not legal advice and like all information in this website, you should consult an appropriate professional before using it
I hope this is useful and will help you develop a framework for a document you can develop in conjunction with your legal adviser.
Best wishes and By for Now!
Head Homie @ Home Business Learner
Pre-written Legal Pages
I found a series of pre-written legal pages which may be of interest to people reading this thread.
It is a product which has been created by a lawyer and may be a cost effective alternative to spending lot of money having a lawyer draft a document specifically for you.