Disclaimer refers to a statement, assertion, or a document that disclaims or denies responsibility, or affiliation, towards a legal claim.
In simple words, a disclaimer is a statement that one is not responsible for something. It protects one from the claims of liability.
Disclaimers help people and their businesses from legal action through publishing ‘Terms of Service’ and ‘Disclaimers’ to protect their business from claims.
Examples of a disclaimer are a Health disclaimer on a TV show or film, a Confidentiality disclaimer in Emails, etc.
A disclaimer may or may not be enforceable; it depends on its nature.
Disclaimers can be made legally binding by following the Contract Act provisions and other laws with a reasonable policy. It must not oppose the principle of natural justice.
Various disclaimer policies ask for the user/customer/viewer to accept the terms and conditions before proceeding, making the disclaimer policy applicable to them because of their acceptance.
If the disclaimer terms are fair and user friendly and proceed with, the same may be used as a valid piece of evidence in Court by the provider.
The Disclaimers serve as a warning to the users and are not self-sufficient to give them legal protection. Making them a part of terms and conditions(T&C) wherein users have to make an account or purchase a service, is a way to include them in an already enforceable and existing contract. When users are asked to expressly accept the terms or disclaimer, it might be difficult for its content thereof to be
Some disclaimers need to be specific to prevent the user from misusing the information and taking legal action.
Under the Trade Marks Act, 1999, upon registration of a mark, a grant of protection is on the whole. However, when it comes to claiming the right of exclusive use over a particular part in the trademark, a disclaimer may have to be put out that one claims no exclusive rights over the said element. It could also be that the elements of the mark are unregistrable because of them being generic, common to the trade, or having a non-distinctive character.
The Trademarks Act 1999 under Section 15 lays down that the proprietor seeking exclusive rights over a particular element of the mark may register it as a whole and the relevant part as separate trademarks.
Section 17 states that the exclusive right to use the trademark would be complete, and to claim exclusive rights over parts/elements of the mark, the same requires filing separately. No exclusive rights vest in any part of the said mark if it is common to trade, or of a non-distinct character.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
