Disclaimers are essential for any website, regardless of the size or nature of the business. You don't have to form a contract with a user to rely on a disclaimer. You do, however, need to make sure the disclaimer is prominently displayed. The more prominent a legal disclaimer is, the more likely that you'll be able to rely on it. By including clearly visible disclaimers on a website, website visitors may be restricted on what claims they can bring against the site operators.
It is important to remember that disclaimers must complement the purpose of the website and the type of information that can be found on the internet page. A standard disclaimer will not be as effective in minimising exposure to liability, than a disclaimer which is drafted for a specific website.
Website disclaimers may be found on websites for personal use as well as websites for commercial use. A person running a business may have a website with information on it that a member of the general public may make use of. Likewise, the administrator of an online database or archive may make this data and information available for a third party’s benefit. If that information is sensitive, the use of the website data may result in some damage or loss, either to the user or another third party.
A classic example is where information that is constantly subject to change is not updated contemporaneously on the website. A member of the public may be misled and plead reliance on the outdated information published on the website, claiming that the website owner or administrator should be liable for the loss or damage sustained by the user. In the absence of proper warnings, cautions, and directions of use, that damage or loss may potentially be attributed to the website operator or administrator.
Legal advice for disclaimers should be obtained before any information is uploaded online. If you require assistance with your website’s disclaimers, you may wish to contact our office and arrange an appointment to see one of our Business & Online Start-Up Solicitors in our Sydney office. For a complete listing of our branch offices, please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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