Websites, among other reasons are created to inform new and existing clients about the products and services that a company offers as well as create an online presence for a company or organisation. Just like startups, websites are also subject to country-specific laws & regulations. Not adhering to these stipulations could result in legal battles and liabilities.
Protecting a website from liability could happen pre-launch and post-launch of the website. On the pre-launch, it is imperative that you put certain measures in place such as confidentiality or non-disclosure agreements to protect any idea or business secrets that you may have.
To protect your website from liability, there should be a disclaimer on the website; as where a person reasonably takes action(s) based on the information provided on a website, the website owner could be held liable. Disclaimers typically relates to refusal to accept responsibility and limit the legal liability of an individual, company or organisation. Disclaimers should be drafted properly to avoid an overkill that would end up destroying the legal liability they were designed to prevent.
Another way to protect one’s website from liability is by having a terms of service. A terms of service should be an essential part of a website as it spells out what users must do and not do while using the website. After determining the scope of business for the site, a term of service serves as a form of contract between the owner of the site and the users of the site. Where users defy the terms for use of the website, there should be penalties/remedies reserved for such violations, including and leading to the loss of such user’s account. To have users accept these conditions, a clickwrap should be inserted into the design of the website. This allows the site owner to obtain undoubted acceptance from users when they actively click on something that signifies their acceptance.
Having a website is a great way to reach a large amount of users, and to avoid liability or legal battles, site owners should ensure that they take the aforementioned protections into consideration.