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Where can I can get disclaimers and T&Cs for my website?

Discussion in 'Legal, Insurance, Employment and Health & Safety' started by Tweeders, Mar 11, 2003.

  1. Tweeders

    Tweeders

    Joined:
    Feb 27, 2003
    Messages:
    60
    Can I ask you guys where you have got hold of the legal stuff you put on your sites, ie Disclaimer, T&C and Security Policy? Presuming you haven't been out and paid a lawyer to draw them up for you, so have you

    • Cribbed it from someone else
      Found a site somewhere that does it for nowt/on the cheap
      Written it yourself?


      • I don't know where to start with that stuff.
  2. AndyHenry

    AndyHenry

    Joined:
    Dec 6, 2002
    Messages:
    2,092
    research

    Hi tweeders,

    From my own experience what I've done is:

    1) Look elsewhere and see what other people are doing.

    2) Ask people I know about what they did and why.

    +

    Make it up based on common sense and experience

    Regards

    LennyT
  3. cyber-magus

    cyber-magus

    Joined:
    Jan 20, 2003
    Messages:
    19
    It's not that difficult to come up with the appropriate wording. Making it stick in Court may be a different issue.

    It's important to cover yourself with the appropriate weasel words and ensure these apply in ALL territories (as these have different interpretations and jurisdictions) if you are selling your products all over the world.

    From my understanding, here are a few (by no means exhaustive) points:

    • Basic rule of thumb. If you are not qualified to offer advice in a specialist area, be very wary about setting yourself up as an expert. You don't want to be in a position where somebody claims they've followed something that you've suggested and then lost out in financial terms. The world is becoming increasingly litigious - that's the way it is and just something you have to be aware of. The obvious one is if you are not qualified or regulated to recommend stocks or equities - then don't! DO NOT MAKE ANY CLAIMS YOU CAN'T SUBSTANTIATE. You can't guarantee that someone will get what they want by following your advice. That's up to them, timing, luck, circumstance, marrying, seducing, blackmailing or sleeping with someone rich and a host of other intangibles that are absolutely outside your control... (black humour mode engaged)

      Now, this may seem so obvious that it doesn't need stating. But when you extend it to other areas you can maybe see the implications. If you are writing a book on becoming, say, an Internet entrepreneur and imply by taking a certain course of action, you can become an overnight millionaire, be pretty damn wary! All the sales letters have disclaimers - i.e. it's up to the individual what they do with the information you provide. The best information in the world isn't going to make Mr. Slacker Braindead a billionaire if he doesn't actually a)want to; [​IMG] have the ability/drive/resources blah; and c) get off his backside and do something (you've been in marketing, Tweeders, so you should know all about GOYA).

      So you can't guarantee unequivocally that your information/ebook etc. can deliver results. That's up to the person who buys and applies.

      Have a browse around the web to get a few ideas on wording - the main thrust runs along the lines of 'this information is for informational/educational/entertainment purposes only and the publisher/distributor/author makes no claims/guarantees either express or implied... there is an element of risk attached to any business and you should ensure that you take the appropriate legal, financial advice before undertaking any business venture or committing funds...' etc. etc.

      • All this info is provided without prejudice and I'm not an attorney and I've got no legal background whatsoever, (and if I was I'd sure as hell be charging y'all mega-bucks just to type one line here! - Allegedly.) [​IMG]
  4. Tweeders

    Tweeders

    Joined:
    Feb 27, 2003
    Messages:
    60
    Good advice there, guys, thanks. As my site is just a collection of affiliate links at present, I don't really need to worry too much about making promises that my material can't fulfill, as its not ME who is making the promises, after all. My disclaimer needs to make it clear that that contract of sale is between the buyer and the author of the book, so that I'm not liable for any loss incurred etc.

    I'll have a ferret around at what my competitors are doing and cobble together something from there. [​IMG]
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