Disclaimers are generally statements that delimit or clearly specify the extent of obligations and rights that parties can exercise and enforce in a legal relationship. Generally, disclaimers refer to situations that involve uncertainty, risk, or waiver.
It is possible for the disclaimer to contain terms and conditions of a contract that have been privately arranged and mutually agreed upon, or it can be a warning(s) or expectation(s) for the general public (or any other class of people) for avoiding an unreasonable risk of harm or injury. In the event that a disclaimer is included, an existing injury or harm could be limited from being assessed damages.
The term document disclaimer refers to the disclaimers used in several documents. These disclaimers generally state that the document’s contents are private and highly confidential.
There are variations in disclaimers based on uniformity. Disclaimers could differ depending on the context and involved parties, although some may strictly adhere to established formalities, which are rarely or never changed, except by official authority. Formal disclaimers are required when applying for safe harbor protection, following industry regulations, and other instances where precise wording could be decisive if a legal dispute arises.
Disclaimers in legally binding documents are not required to be enforced or even recognized by a court in the event of a legal dispute. Disclaimers may be void in part or in whole for other legal reasons.
Generally, a disclaimer statement denies responsibility in an effort to avoid civil liability that could be incurred due to specific omissions or acts. Disclaimers are often framed as a safeguard against the tort of negligence and the liability of occupiers towards visitors. A disclaimer might not be considered by the Court when, in that specific situation, the law allows exclusion of liability and the acts or omissions complained of fall within the disclaimer’s provisions.
A disclaimer could be part of a contract between two parties – one making the disclaimer and the other not able to sue according to the disclaimer. An example of such a disclaimer is the ‘terms and conditions attached with software use that appears when the software is installed for the first time. Generally, the software will contain the clause(s) absolving the software of liability for any damage it may cause to the user’s hardware or software. By clicking the ‘I Agree’ button, the user accepts the disclaimer as part of a contract with the software company.
What Should be Specified in a Disclaimer?
The following points need to be collected for your information:
- Describe the services or goods you provide. You may provide tangible goods or intangible goods, or you may provide both types of goods
- Determine the liability to which you may be subject
- Take the time to identify all the rights you need to protect
- A legal disclaimer comes with limitations.
The above information will help you understand what you need to include in a disclaimer to protect yourself from being sued for something that was not your fault.
You can limit your liability both for intangible goods and services
For instance, when selling cricket balls, you need to draw up an agreement that explicitly states that the customer is responsible for its use.
Protect Your Rights
The disclaimer must protect the provider’s rights and warn others against any violation of those rights. A disclaimer usually contains a clause. Here are some examples of disclaimers of liability for websites providing information:
The information and material provided on this website are for informational purposes only. Making legal, business, or any other decisions should not be based on the information or material on this website.
Third-party liability should be limited
Whenever the business uses outside vendors or has a social media page/website that welcomes public comments, it is extremely important to limit third-party liability from falling on you. As an example, an event management company’s disclaimer must include that it is not responsible for the contractors’ failure to deliver the service.
Statements of Terms and Conditions and Privacy Policies should be included
The Terms and Conditions clearly define your rights and responsibilities, as well as those of the business and the customer. The disclaimer protects you from liability if the customer does not follow the terms and conditions. Let’s take the example of a company that sells magnifying glasses. In its terms and conditions, the company could state that it holds no responsibility for the customer’s improper use.
It’s important to provide contact information to your customers, even if it’s just an e-mail address. As a result, queries/complaints will be resolved and business will be generated. Being accessible to customers and potential customers is a good idea.
Easily Visible Disclaimer
Disclaimers should be placed so that they catch the eye, rather than having to be hunted down. Make it boldface and in capital letters as well. Additionally, it may be important for the customer to acknowledge the disclaimer and to document this acknowledgment, just as software companies do.
It is important to consider a disclaimer as a set of statements that cover the entire liability of what you are offering, whether it be a service or product. In addition, it should inform customers about any hazards or risks associated with the product. Vakilsearch can help you with any queries you may have.