Website Terms of Use: Should I use a disclaimer?

Disclaimers are very important for any business website. Website Terms of Use set out the rules for use of your website, and disclaimers should be included within the Website Terms of Use to ensure that any user of your website can easily view the disclaimer. Each disclaimer is dependent on the nature of the business. Speak with a contract solicitor if you’re considering using a Website Terms of Use for your online business.

How should a disclaimer be worded?

A generic disclaimer would explain that the website is provided to all visitors of the website without any warranties, express or implied, which may include implied warranties or merchantability and fitness for a particular purposes. You may also wish to add that you do not warrant that:

• Any functions contained within your website will be error free;
• Access to the website will be uninterrupted;
• Defects will be corrected;
• Services which store and transmit material to website visitors are free of viruses; or
• The website will operate on a continuous basis and be available at all times.

Which businesses require more detailed disclaimers?

Some businesses, such as those that provide advertising services or publish information, which may be mistaken for advice, will require more specific disclaimers. For example, if your website provides a directory service where other business are able to advertise and promote their business, your disclaimer will need to set out that simply by allowing a business to advertise on your website does not indicate that you recommend or endorse the business.

Disclaimers are important, as they protect your business from claims relating to the accuracy, completeness and suitability of the information on your website. If you are operating a website which you think requires a detailed disclaimer, you should speak to an experienced contract lawyer. A good contract lawyer can help you prepare a disclaimer that is tailored to your business, and help mitigate your business risks.