A disclaimer is generally:
“any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk.” (Wikipedia)
When any enterprise chooses to conduct or promote their business through any electronic medium, such as a website, e-mail, Twitter, or Facebook, it is likely that an array of representations will be made with regard to the nature of the goods or services they are providing. Therefore, it is essential that those representations be clear, unequivocal, and intentionally made. Conversely, if a business conveys information through such a medium, that is not intended to have the force and effect of a representation, then this too should be clearly distinguishable – a suitable disclaimer should be prominently displayed, so that the receivers of the message cannot be said to have been uninformed of such disclaimer.
On most social media platforms, the registered user will usually have a profile, and the “unwritten” law of business convention recommends that the respective business require its employees to insert a link into their profile which is then linked to a page on the business’ website that contains the relevant disclaimer. The benefit is that the disclaimer will be “prominently displayed”, thereby fulfilling a necessary requirement of our common law.
(See Durban's Water Wonderland (Pty) Limited v Botha & Another [1999] 1 All SA 411 (A) for the leading case relating to disclaimers).
- Mohamed Mansoor
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