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Classifieds Website - Legal Disclaimer?

  • 01-05-2008 9:55am
    #1
    chat2joe
    Closed Accounts Posts: 238 ✭✭


    Hi guys,

    I'm setting up a Classifieds type site where you can register and place an ad. I'm wondering what I should do as regards a disclaimer to remove responsibility from dodgy deals or products not working like they should.

    There will be an "Accept Terms" step in the registration so I could maybe place in there that you as the seller accept full responisbility...etc etc. Or is that enough?

    I want the buyers to be able to view the contact info straight away if provided so don't really want to force them to register to make contact (pm or get access to contact info). Would a "Terms and Conditions" link on the webpage with a disclaimer suffice? Or should it be something they have to click to accept.

    Thanks! J


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    There's not a whole lot you can do. Ticking boxes to "agree" to terms and conditions and having disclaimers, technically has no legal recognition. That is, just because someone ticked a box on a website, does not constitute any sort of legal contract or agreement between the visitor and the website owner.

    However, they are still a good idea because they display an attempt on your part to inform the visitor as to what to expect and provide a certain amount of "You can't say you didn't know", in the event that someone gets shirty.

    Worst case scenario as an example - someone places an ad and ends up getting a whole pile of threatening calls. They claim in court that they never gave the website permission to publish their details and that you are partially liable for the harrassment they've received. You produce the evidence of them having "read" the T's & C's, and while it doesn't constitute a contract, it strongly contradicts the other party's claim that, "I didn't know you were going to publish my details".

    For classifieds, I wouldn't worry too much about being liable for people selling broken stuff - as long as it's clear that it's a classifieds site, then it's no different to a paper publishing classifieds, and "buyer beware" applies. You do have an obligation however to prevent illegal items or illegal services from being offered. Check out the rules that adverts.ie have in regards to what can and can't be advertised for some examples.


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