If you are managing a website or the owner of a website, you definitely need to know the concept of disclaimer. Because, if the website does not have a disclaimer, it is very easy to get caught up in the allegations of readers or users, even being sued in court. So what is disclaimer? Let’s find out with Vietnix in the article below.
Table of Contents
What is Disclaimer?
In the most general sense, disclaimer to be disclaimer of responsibility to limit the rights and obligations of one object to another in a legally recognized relationship.
For websites operating on the internet, a disclaimer is a notice placed on each website, content revolves around limiting the liability of that website for the results that occur to the reader or user. . Currently, 100% of websites online will have this statement.
The importance of disclaimer
How important is the disclaimer that is used by most websites today? Details are explained below, specifically as follows:
Limit the influence of false and harmful content
First, Vietnix will take a simple example so that you can better understand the impact of bad content and how disclaimer protects the website as follows:
A person reads and follows the melasma treatment instructions according to the content of the article on a beauty website. However, this method not only does not cure melasma but also causes allergies, making the skin condition worse. So that reader decided to sue this website. If the website already has a disclaimer notice, it will not be subject to any charges or liability in court.
On the other hand, nowadays, with hundreds of websites being created every day, it is common to copy and refer to content from one website to another. This becomes serious if the reference information is misleading in some specific areas such as: Health, Law, Politics, etc. When users encounter consequences from that information, the website owner is very upset. easy to face related to accusations, lawsuits.
Thus, if the website does not have a disclaimer, the risk of being sued, sanctioned, and facing penalties is very high. Therefore, a disclaimer is necessary for the reader to determine that all information is for reference only, not completely accurate in all cases.
The downside to using this statement is that the content and credibility of the website will decrease. In fact, no one can guarantee that all content posted is perfect and accurate. Or to avoid unnecessary slander, the disclaimer is a very important thing.
Play the role of security for the website
In addition to unverified content, disclaimer also avoids risk to website owners about other factors. Such as malicious code, copyright problems, etc. Another role is to limit liability for the behavior of a third party that is not under control.
For example, in the comments section on the website, there is a third party advertising a product or giving negative information. The situation will become more complicated by accidentally having readers use products of unknown origin or follow false information from third parties.
As such, the disclaimer on the website will act as a solid layer of defense. Help website owners avoid being held responsible for the actions of organizations and companies that are not under their management and ownership.
If you have a product on the internet such as text content, personal images, self-designed videos, etc., but it is copied and posted by others. At this point you can apply for a DMCA for the website and possibly sue the person who copied your information.
Claiming website ownership
If the website is owned by a company or organization, the contact section will usually add the phone number, address, and social networking sites linking to that company. At this time, the disclaimer notice plays the role of protecting the reputation and influence of the company. If there is a problem, the disclaimer will help confirm that the content on the website is owned by individuals, not related to the company or organization that created this website.
However, despite the disclaimer, many users can still file lawsuits against the website as usual. But when going to court, the court unit will consider whether the website has a disclaimer or not? Is this statement in compliance with the law?
If so, the website owner will be absolutely protected in court. However, it is also inevitable that the disclaimer will be completely or partially invalidated. Usually, because the disclaimer has holes or has some terms that are not in accordance with the provisions of the law.
How to write a complete disclaimer
In fact, there is no universal formula for writing a disclaimer. Depending on the field, the content of the website and the needs of the owner, adjust the content of the disclaimer accordingly. However, there are five fundamental issues that any disclaimer should cover:
1. Declaration of Ownership
Specify the content ownership rights to the information posted on the website. Making a more detailed statement will help you protect web resources from being copied indiscriminately. Besides, it also makes all accusations of copying from other websites meaningless.
2. Limitation of Liability
Based on the provisions of the law on each field to list the content, the scope of which the website will be responsible. Also raise issues not related to the website’s legal responsibilities.
For a simple example, if the website specializes in sales, it is necessary to be responsible for the design and quality of the products delivered to the customer. It is impossible to refuse responsibility or refuse to handle if the product is not exactly what the customer has chosen.
3. Let the reader know the content is for reference only
Warning to readers about the content on the website is for reference only and is not 100% accurate in all cases. As such, should any issues arise regarding allegations of content affecting readers, website owners will be protected.
4. Responsibility of the reader
Because all content is for reference only, the reader will be solely responsible for following any information on the website.
5. Responsibility for the acts of third parties
It is necessary to directly declare that it will not bear any consequences from third parties to customers. Because today’s websites or social networking sites usually will not limit users’ comments. So scammers may take advantage of this point and the website’s reputation to harm readers. Therefore, any problems related to third parties beyond the control, all consequences occur, the website side will not be responsible.
When should disclaimer be used?
Disclaimer is used to protect your company or website from claims. You can use disclaimer to limit the scope of your rights and responsibilities. Both parties can make and enforce these terms in a contractual relationship. Disclaimer is also important to protect you from third party claims.
How to start a disclaimer?
In your disclaimer, include any liability for the product or service you provide. You should warn consumers of any hazards posed by your product. You should list possible risks, while admitting that the list is not exhaustive. For example you could write “Risk NOTICE”.
Above is the basic information to answer the question What is disclaimer? Hopefully with the content that Vietnix has just provided, you have grasped the basic knowledge about disclaimer. Besides, understand more about the importance of this statement and know how to write appropriate disclaimer to protect your website.
source : vietnix.vn