When do you need a disclaimer?

Legal documents

There are many websites that are using disclaimers. With the Complianz Premium plugin you easily compose a disclaimer that suits your needs.  But why should you communicate a disclaimer, and what should you include in such a document? In this article, we will explain.

What is a disclaimer?

A disclaimer is a document in which a company or website owner tries to limit or exclude liability. We find disclaimers all around the web, but also offline. For example, think of signs in public areas stating: ‘The management is not liable for damage, loss or theft to your goods’. In a similar way website owners could display a disclaimer to exclude themselves to certain claims. In this article we’ll discuss why a website could use a disclaimer and the legal value of such a document. , but also make statements about copyright or the use of Creative Commons or open source libraries.

Why should I use a disclaimer?

You could use a disclaimer in several circumstances. First, you could use a disclaimer to inform visitors of your website. You may include information on how to use advertising on your websites and whether posts on the site are up-to-date.

Another aspect you may include is regarding intellectual property and copyright. Are there any texts, images or other works on your website protected by intellectual property laws? Mention these in the disclaimer.

You may also include third party links or content. In the disclaimer, you can put some information regarding the use of links and content from third parties on the website and how they are dealt with.

Last, you may also include information regarding the event of pricing, typing and typesetting errors. For instance, when you have a webshop it could be good to include a policy regarding pricing errors as this could occur quite often. But also don’t forget to mention these in the general terms and conditions as well, as the disclaimer still has no legal value.

What is the value of a disclaimer?

A disclaimer is a unilateral declaration: it was determined only by the providing party. Therefore it is not enough to limit or exclude liability.

Do I need a disclaimer?

The answer depends. A disclaimer is not mandatory and does not have a legal value, however, it could be good to inform your website visitors.

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