Disclaimer

¹ The disclaimer is a cut-down version of our basic terms of use document. It is designed for use with UK hosted and focused information-only websites; it can, however, be adapted for use in other jurisdictions – although this should only be done by someone with the requisite familiarity with the relevant law of the other jurisdiction. It is not intended for use on websites which require registration to access particular areas or services; neither is it intended for websites which include bulletin boards or allow users to post comments. It is not sufficient for use on websites which collect personal information (which will also require a privacy policy) or for ecommerce sites (which will also require terms of sale). Websites with unusual or non-standard features should always use bespoke terms and conditions. The website disclaimer template will need to be edited before it is ready for use. Square brackets in the document indicate the sections which need or are likely to need to be edited. However you should carefully review the whole document to ensure that it meets with your requirements. If you have any doubts, you should seek professional advice.

² The completed website disclaimer should be easily accessible on your website, preferably from every page. Ideally, from a legal perspective, users should be asked to expressly agree to these terms (e.g. by clicking an “I agree” button). However, in practice, this is very rarely done in relation to website disclaimers.

³ The scope of the licence to use will vary with the site. Consider carefully exactly what your users should be allowed to do with the material on your website.

⁴ Where you have content which is specifically available for redistribution, it is usually a good idea to have a more detailed licence setting out the redistribution rights.

⁵ This is a very broad exclusion of warranties and liability - and elements of it may be unenforceable.

⁶ Changes to the notices will not be retrospectively effective.

⁷ If you collect personal data from users, you should have a privacy policy as well as a disclaimer. You should also refer here to (for example) any terms of sale or terms of subscription which relate to your website.

⁸ The questions of what law governs a contract, and where disputes relating to the contract may be litigated, are two distinct questions.

⁹ These terms of use have been drafted to comply with English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. (NB in some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause specifying that a different law applies.)

¹⁰ Choose “non-exclusive” jurisdiction if you may want to enforce the terms of use against users outside England and Wales. Otherwise, choose “exclusive jurisdiction”. (NB in some circumstances – particularly where you are contracting with a consumer - your jurisdiction clause may be overridden by the courts.)

¹¹ UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites.

Sole traders and partnerships who carry on a business in the UK under a “business name” (i.e. a name which is not the names of the trader/partners or certain other specified classes of name) must also make certain website disclosures: (i) in the case of a sole trader, the individual’s name; (ii) in the case of a partnership, the name of each member of the partnership; and (iii) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective.

All websites covered by the Ecommerce Regulations must provide a geographic address (not a PO Box number) and an email address.