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Website disclaimers are legal notices covering some of the key legal issues that arise out of the operation of a website. It also includes statements made by the owners of the website informing them about the risks associated with the use of the website and for limiting their liability. The disclaimer incorporates a license setting out the basis upon which a website may be used and a set of limitations of liability. It also helps website operators to comply with information disclosure laws. The disclaimer is a shorter version of our website terms and conditions template.
1. Are websites necessarily required to have a website disclaimer?
The website disclaimers are not necessarily required under law, however, it is important to provide the disclaimer where there are chances that the website may be used in a manner it is not intended to be used.
2. Are website disclaimers binding on a user of the website?
Under section 10A of the Information Technology Act, 2000 wherein a contract formation, the communication of proposals, the acceptance of proposals, the revocation of proposals, and acceptances, as the case may be, are expressed in electronic form such contract shall be enforceable provided it meets the requirements of a contract under the Contract Act, 1872. Therefore, it stands to reason that disclaimers may validly bind the users of a website.
4. Why do you need a Disclaimer?
A disclaimer protects the rights over intellectual property against infringement by other people. Assuming that the work is literary or artistic in nature, a disclaimer can contain a claim of ownership over the copyright of your content.
Since it serves as both a warning and a way to mitigate risks, a disclaimer protects from liability. Anyone who reads the disclaimer should understand the risks involved in using your website or acting upon the information in it.