Policies
Legal Compliance Guide for E-commerce Websites in India
According to the relevant studies, the Indian E-commerce market is growing at a substantial rate.
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Website Disclaimer Policy
The notice that limits what a visitor may rely on. It is the third of the three documents a website publishes, and the one most sites leave out.
- The limits on relying on it, and on reusing it, both covered
- Written to be displayed prominently rather than buried
- Drafted by experienced lawyers for the content you actually publish
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What a website disclaimer is
A legal notice covering the issues that arise out of operating a website and publishing content on it.
A website disclaimer is a legal notice covering the basic issues that arise out of the operation of a website. It can be used by any website, blog or e-commerce store.
It indicates to the readers and users of the site the legal conditions that restrict the use of the information and any other sensitive data or details displayed there. It should be displayed in a prominent place, so that readers and customers are on notice of the rules for using the information available on the site.
It does a different job from the other two documents a site publishes. A privacy policy tells users what happens to their data; terms and conditions are an agreement they accept. A disclaimer limits what they may rely on and what they may do with what you have published, and unlike the terms, there is nothing for them to accept.
- What it is
- A legal notice
- Not an agreement
- Protects
- The site owner
- Used by
- Any site or blog
- Including e-commerce stores
- Displayed
- Prominently
- Where a reader would see it
- User accepts it
- No
- Often also
- A clause in the terms
- Both is normal
Why have one drafted
- Drafted for what your site actually publishes rather than a generic notice
- The reliance limit and the reuse limit written separately, because they differ
- Drafted alongside your terms and your privacy policy as one consistent set
- The whole engagement handled online
- Thousands of businesses served across every state in India
What the disclaimer should cover
- What the content on the site is, and what it is not
- That the information is general and is not advice to be acted on
- The limits on the owner’s liability for a reader who relies on it anyway
- Restrictions on copying, reusing or redistributing the material
- Any external links the site carries, and that the owner does not control them
- How and when the content may change without notice
Who needs one most
Anyone publishing advice-adjacent content
Legal, financial, medical, tax or fitness. If a reader could act on what you publish and lose money doing it, this is the document that says they should not have.
Sites with user-generated content
Comments, reviews, forums. A disclaimer separating what you published from what somebody else did is the starting point for everything else you do about it.
Anyone linking out
You do not control what is on the other end of an outbound link, and the disclaimer is where you say so.
And put it where it can be seen
A disclaimer nobody could reasonably have read is one nobody was on notice of. Prominent placement is part of it working.
What it actually does for you
It limits reliance
It tells readers that what you publish is general information rather than advice for their situation, which is the claim it exists to answer.
It protects your material
It restricts the use of the information and the other data displayed on the site, which is what you point at when somebody republishes it.
It covers what you did not write
External links, third-party content and anything users post. A site owner is not responsible for all of it, and the disclaimer is where that is stated.
It costs nothing to publish
Unlike the terms, there is nothing for a user to accept and no flow to build. It is a page, prominently linked.
Disclaimer, privacy policy, terms
Three documents doing three different jobs, and most sites publish two of them. This is the one that limits what a reader may rely on.
| Attribute | Website disclaimer | Privacy policy | Terms and conditions |
|---|---|---|---|
| What each one does | |||
| The content you publishThat the information on the site is general, that it is not advice to be acted on, and that the owner does not accept responsibility for a reader who treats it as such. | The data you collectWhat personal information the site gathers, why, where it is kept, how it is protected and who else sees it. | The deal with the userHow the site may be used, what the owner promises, payment, the limits of liability and when access may be withdrawn. | |
| No, a limitationA statement of what the owner is not responsible for. It is usually written into the terms as well as published on its own. | No, a noticeIt tells a user what happens to their data. There is nothing here for them to accept, and no obligation on them. | YesOnce the user clicks "I agree", or continues using a site that says continuing is acceptance, a written offer has been accepted and communicated, which are the three ingredients of a contract. | |
| The ownerIt is the answer to a reader who relied on something published on the site and lost money doing it. | The user, mostlyIt is a transparency obligation. It protects the owner too, but only by demonstrating that the obligation was met. | The ownerThis is where intellectual property is claimed, misuse is defined, accounts are suspended and liability is capped. | |
| Writing one | |||
| A few paragraphsThe scope of the content, the limits on relying on it, the restrictions on reusing it, and any external links the site carries. | Six or so headsWho the business is, what is collected, why, how it is stored, the security measures around it, and any third party that has access to it. | A dozen clausesOwner details, terms of use, payment terms, intellectual property, a description of the service, account rules, warranties, termination, governing law, limitation of liability, future changes, and returns and refunds. | |
| ProminentlyDisplayed in a place a reader would be expected to see, rather than buried. A disclaimer nobody could reasonably have read is one nobody agreed to. | On the sitePublished where a user can reach it, and linked from anywhere personal data is collected: a sign-up form, a checkout, a contact form. | Before acceptanceReachable before the user commits. Terms produced after the transaction are terms the user never agreed to. | |
| Next step | Get started | Know more | Know more |
Swipe the table sideways, Website disclaimer stays in view. Open any attribute to read the detail behind all 3 answers.
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Do I need one if my terms and conditions already have a disclaimer clause?
Not strictly, and many sites do exactly that. A separate page is worth having where your content is the reason people visit, because the terms are read by almost nobody and a linked disclaimer is read by more.
Where you publish both, they have to say the same thing. Two documents disagreeing about your liability is worse than one.
Is a disclaimer legally binding?
It is a notice rather than an agreement, so there is nothing for a user to accept. Its effect comes from putting a reader on notice, which is why prominence matters as much as wording.
Where should it be displayed?
Somewhere a reader would be expected to see it. The footer of every page, linked, is the usual answer, and on the page itself for content where the risk is highest.
Does a blog need one?
If people could act on what it says, yes. A blog publishing legal, financial, tax, medical or fitness content is the clearest case, and it is the one where the disclaimer earns its place.
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