Legal Notices

Website Disclaimer

 

(1)      Introduction

 

This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full.[2]  If you disagree with any part of this disclaimer, you must not use our website.

 

(2)      Intellectual property rights

 

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

 

(3)      Licence to use website      

 

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]][3] from the website for your own personal use, subject to the restrictions below.

 

You must not:

 

(a)      republish material from this website (including republication on another website);

 

(b)      sell, rent or otherwise sub-license material from the website;

 

(c)      show any material from the website in public;

 

[(d)    reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;]

 

[(e)    edit or otherwise modify any material on the website; or]

 

[(f)     redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]

 

[Where content is specifically made available for redistribution, it may only be redistributed [within your business].][4]

 

(4)      Limitations of warranties and liability[5]

 

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

Nothing in this disclaimer (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

 

Subject to this, our liability to you in relation to the use of our website or under or in connection with this disclaimer, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

 

[(a)    to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;]

 

(b)      we will not be liable for any consequential, indirect or special loss or damage;

 

(c)      we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

 

(5)      Variation[6]

 

We may revise this disclaimer from time-to-time.  The revised disclaimer will apply to the use of our website from the date of the publication of the revised disclaimer on our website.  Please check this page regularly to ensure you are familiar with the current version.

 

(6)      Entire agreement

 

This disclaimer[, together with our privacy policy,][7]  constitutes the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.

 

(7)      Law and jurisdiction[8]

 

This disclaimer will be governed by and construed in accordance with English[9] law, and any disputes relating to this disclaimer will be subject to the [non-]exclusive[10] jurisdiction of the courts of England and Wales.

 

[(8)     Registrations and authorisations[11]

 

[We are registered with [TRADE REGISTER].  You can find the online version of the register at [URL].  Our registration number is [NUMBER].][12]

 

[We are subject to [AUTHORISATION SCHEME], which is supervised by [SUPERVISORY AUTHORITY].][13]

 

[We are registered with [PROFESSIONAL BODY].  Our professional title is [TITLE] and it has been granted in the United Kingdom.  We are subject to the [RULES] which can be found at [URL].][14]

 

[We subscribe to the following code[s] of conduct: [CODE(S) OF CONDUCT].  [These codes/this code] can be consulted electronically at [URL(S)].[15]

 

[Our VAT number is [NUMBER].][16]]

 

(9)      Our details[17]

 

The full name of our company is [NAME]. 

 

[We are registered in [England & Wales] under registration number [NUMBER].]  

 

Our [registered] address is [ADDRESS]. 

 

You can contact us by email to [EMAIL].

 

 

This disclaimer is courtesy of

Template Contracts and Website Law.[18]

[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]     This section can be deleted where The Electronic Commerce (EC Directive) Regulations 2002 (aka the Ecommerce Regulations) do not apply.  Generally, the Regulations will apply unless a website is entirely non-commercial - i.e. where a website does offer any goods or services and does not involve any remuneration (which includes remuneration for carrying AdSense or other advertising). 

 

[12]     The Ecommerce Regulations provide that where you are “registered in a trade or similar register available to the public” you must provide “details of the register in which the service provider is entered and his registration number, or equivalent means of identification in that register”.

 

[13]     The Ecommerce Regulations provide that “where the provision of the service is subject to an authorisation scheme” you must provide “the particulars of the relevant supervisory authority”.  In most cases you will be able to delete this paragraph.

 

[14]     The Ecommerce Regulations provide that where “the service provider exercises a regulated profession”, it must provide “(i) the details of any professional body or similar institution with which the service provider is registered; (ii) his professional title and the member State where that title has been granted; (iii) a reference to the professional rules applicable to the service provider in the member State of establishment and the means to access them”.

 

[15]     The Ecommerce Regulations provide that “a service provider shall indicate which relevant codes of conduct he subscribes to and give information on how those codes can be consulted electronically”. 

 

[16]     Under the Ecommerce Regulations, where the service provider undertakes an activity that is subject to value added tax, the relevant identification number must be disclosed.

 

[17]     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.

 

[18]     Please note that it is a condition of the use of this template that you either: (i) retain this credit and these links; or (ii) pay the appropriate licence fee in relation to each website on which the document is used.

 

Privacy Policy

THIS TEMPLATE MAY ONLY BE USED BY YOU IF YOU AGREE TO THE TERMS OF OUR DOCUMENT LICENCE:

 

http://www.website-law.co.uk/ourdocumentlicence.html

 

Privacy Policy[1]

 

We are committed to safeguarding the privacy of our website visitors; this policy[2] sets out how we will treat your personal information.[3]

 

(1)      What information do we collect?

 

We may collect, store and use the following kinds of personal data:

 

[(a)    information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type, referral source, length of visit and number of page views]);]

 

[(b)    information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (including [DETAILS]);]

 

[(c)     information that you provide to us for the purpose of registering with us (including [DETAILS]);]

 

[(d)    information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters (including [DETAILS]);]

 

[(e)    any other information that you choose to send to us; and]

 

[(f)     OTHER INFORMATION.][4]

 

[(2)     Cookies[5]

 

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

 

We [may] use [both] [“session” cookies] [and “persistent” cookies] on the website.  [We will use the session cookies to: keep track of you whilst you navigate the website; and [OTHER USES].]  [We will use the persistent cookies to: enable our website to recognise you when you visit; [OTHER USES].]

 

[Session cookies will be deleted from your computer when you close your browser.]  [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.]

 

[We use Google Analytics to analyse the use of this website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers.  The information generated relating to our website is used to create reports about the use of the website. Google will store this information.  Google's privacy policy is available at: http://www.google.com/privacypolicy.html.][6]

 

[Our [advertisers/payment services providers] may also send you cookies.][7]

 

[We publish Google Adsense interest-based advertisements on our website.  These are tailored by Google to reflect your interests.  To determine your interests, Google will track your behaviour across the web using cookies.  You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences/.  You can opt-out of the Adsense partner network cookie at: http://www.google.com/privacy_ads.html.  However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.][8]

 

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies.  For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.  Blocking all cookies will, however, have a negative impact upon the usability of many websites[, including this one].]

 

(3)      Using your personal data

 

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

 

We may use your personal information to:

 

[(a)    administer the website;]

 

[(b)    improve your browsing experience by personalising the website;]

 

[(c)     enable your use of the services available on the website;]

 

[(d)    send to you goods purchased via the website, and supply to you services purchased via the website;]

 

[(e)    send statements and invoices to you, and collect payments from you;]

 

[(f)     send you general (non-marketing) commercial communications;]

 

[(g)    send you email notifications which you have specifically requested;]

 

[(h)    send to you [our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)[9];]

 

[(i)     provide third parties with statistical information about our users – but this information will not be used to identify any individual user;]

 

[(j)     deal with enquiries and complaints made by or about you relating to the website; and]

 

[(k)    OTHER USES.][10]

 

[Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.][11]

 

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