RE: [uk-netmarketing] Re: Short Email Disclaimers

[Alex Chapman]

Disclaimers depend on what you are trying to achieve. In competitions for 

example the disclaimer can be incorporated by reference to a link or 

separate terms and conditions as the person relying on it and the person 

subject to it are entering a contractual relationship.


It can therefore be inferred (if the reference to the disclaimer / terms is 

clearly apparent) that the disclaimer  / terms are part of the contract - 

provided the person accepting has the opportunity to read the terms prior 

to accepting. That opportunity doesn't have to be instant i.e. there 

doesn't have to be web access at that time provided the URL is clear.


The other situation is where the disclaimer is not in relation to a 

contract - so it is for example identifying that the views expressed in the 

email are not those of the company but the individual. This is trying to 

get round the situation where employees get their employers into trouble 

for things done and said in email - if the email is sent in the performance 

of the employee's duties / course of employment then the employer may be 

vicariously liable. Therefore the disclaimer just tries to limit the 

liability - these do need to be clear, obvious and in full on the page to 

work. Even then they may not be effective and ideally all firms should have 

the disclaimer on personal emails in the title / subject or at the top of 

the email.


Boring isn't it.


Alex Chapman

BRIFFA

Business Design Centre

Islington

London

N1 0QH


t: 020 7288 6003

f: 020 7288 6004

d: 020 7288 6076


e:

alexbriffa [dot] com

-----Original Message-----

From:	Ashley Pomeroy [SMTP:

arptermisoc [dot] org

]

Sent:	25 January 2001 10:25

To:	uk-netmarketing from chinwag

Subject:	[uk-netmarketing] Re: Short Email Disclaimers


>>>>What's wrong with [having a 'click here for disclaimer' link]<<<<


This discussion, bizarrely, popped up on another mailing list I am on. The

problem could be that some people might have access to email, but not the

internet in general - a lot of companies allow their employees to read and

send email, but not surf the net.


That said, a lot of competitions in newspapers have 'For full details send

an SAE', so perhaps you could put your physical address at the bottom of

the disclaimer.


Until somebody goes to court for a disclaimer, it's a muddle.


-

"In the land of the blind, the blindest man is king"

Ashley Pomeroy -

arpslab [dot] org

 - http://www.ashleypomeroy.com/