THE USE OF LEGAL DISCLAIMER FOR YOUR BUSINESS


Welcome to another wonderful Month of June. I trust that this Month will favor our businesses. Let’s begin the Month with this tips –“The use of legal Disclaimer”

Legal Disclaimer protects you from claims against your business from information used or misused on your website or other platforms.

In the most basic terms: A disclaimer is a statement that allows you or your brand not to be responsible for something. As a business owner, it is very vital that you draft a disclaimer that will govern and protect your business. When someone visits your website or buys a service/product from you, it means that you and that person (client) have automatically entered into a legal contract, which is why Disclaimers are very necessary to protect you and your business from legal action.

The content of your disclaimer should clearly state and explain your brand, the products and services you offer, who you are and what you do not offer. Customize your Disclaimer to suit your brand, or contact a lawyer to legalize them.

There are some disputes over whether disclaimers are legally binding. Much of this arises from the way they are presented because, Disclaimers are often not treated like contracts or legal agreements which makes them more difficult to enforce if you face legal issues. Therefore, as a business owner or intending business owner, endeavor to improve this situation by treating your Disclaimers the same way you treat your Privacy Policy and Terms and Conditions (T&C). Ensure that the users (your clients) accept them just as they accept your T&C and Privacy Policy, and they shouldn’t be unfair. Therefore, your disclaimer remains legally binding ones the viewers or readers can review them properly (as per visibility).

Once your disclaimers are legally binding, you have safe your business from any claims or legal actions from your customers. Here are the 3 ways to ensure that your disclaimers are legally binding:

  1. Make your Disclaimers part of the T&C (Terms and Conditions)

  2. Place the Disclaimer on your website as a separate document with its own link in the footer

  3. Make your Disclaimers enforceable and legally by making them to become contracts.

You can apply the under mentioned elements, which are usually present in most Privacy Policies and T&C agreements to your Disclaimers.

  1. Notice to the user

  2. Consent from the user to be held to the terms, and

  3. Fair terms.

P.S: Secure your business by using legal Disclaimers.

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