Website Disclaimer Q&A

If I use the disclaimer template, do I need to get users to agree to it by clicking a button or ticking a box?

A disclaimer notice published on a website may not be considered to create a contract between a user and a website operated, unless there is some active acceptance of its terms, and even then the answer to the question of whether the relationship is contractual will depend upon all the circumstances.

This template, however, is designed to be relevant even where there is no contract. The main part of the disclaimer consists of a copyright licence, a disclaimer of liability and a section of statutory disclosures. The utility of these sections is not dependant upon there being a contractual relationship between the parties.

The short answer to your question is this: unless you are trying to create a contractual relationship, then the disclaimer does not need to be specifically accepted by a user to be useful. However, there are many circumstances where a contractual relationship will be appropriate and desirable, and in those circumstances you will want to ensure not just that there is a contractual relationship, but that the contract incorporates all the relevant terms. If those terms are set out in the disclaimer, then the user should actively accept the disclaimer at or before the time the contract is made.

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