Disclaimers for websites can come in various different forms and structures. Unfortunately, many people who are the administrators of websites and online content believe that general disclaimers can be sufficient to limit liability for damage or loss occasioned by a member of the public making inappropriate or misguided use of online information of data. These website administrators may therefore use a basic cut-&-paste disclaimer that they believe may suit their purposes.
It is important to remember that disclaimers must cater to the purpose of the website and consider the type of information or data that can be found on the internet page. No standard form will be better at protecting the rights of a website owner than a specialist disclaimer which is drafted with that website and the unique content that may be found there in mind.
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 is provided but may be constantly subject to change, whereas the provision of that information is not updated. A member of the public may be mislead and plead reliance 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 be the liability of the website owner or administrator.
A website disclaimer solicitor will be able to take instruction from his client as to the nature and purpose of the website. Only then will the parameters of the website disclaimer, its terms and provisions, warnings, and limitations of liability be able to be drafted. The website disclaimer lawyer working in the Navado cyberlaw and internet law team will be able to draw on the expertise of other cross-disciplinary practice areas such as intellectual property law as well as draw on the expertise from the negligence and professional negligence team. The legal advice that can be provided to the client will therefore be thorough and complete, and the website disclaimer can cover all fields of the client’s online operations.
If you require legal advice in relation to a dispute concerning an online disclaimer, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors.
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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