[Previous] [Next] - [Index] [Thread Index] - [Previous in Thread] [Next in Thread]

Subject: RE: [uk-netmarketing] Re: Short Email Disclaimers
From: Alex Chapman
Date: Thu, 25 Jan 2001 16:50:55 -0000

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
Business Design Centre
N1 0QH

t: 020 7288 6003
f: 020 7288 6004
d: 020 7288 6076

e: alexatbriffa [dot] com

-----Original Message-----
From: Ashley Pomeroy [SMTP:arpattermisoc [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 - arpatslab [dot] org - http://www.ashleypomeroy.com/

[Previous] [Next] - [Index] [Thread Index] - [Next in Thread] [Previous in Thread]