Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Is A Disclaimer And When Do You Need One?
- Are Disclaimers Legally Binding Under Australian Law?
Common Types Of Disclaimers For Small Businesses
- 1) General Information (Website/App)
- 2) No Professional Advice (Specialist Content)
- 3) Results May Vary (Services, Coaching, Marketing)
- 4) Product Images And Descriptions (Ecommerce/Retail)
- 5) Safety And Proper Use (Hardware, DIY, Health/Fitness)
- 6) Affiliate Links And Third‑Party Content
- 7) Testimonials And Reviews
- 8) Social Media And Community Guidelines
- 9) Intellectual Property And Copyright
- 10) Email Disclaimers
- 11) Price And Availability (Retail, Services, Events)
- 12) Limitation Of Liability (Pointing To Your Terms)
- Where Should I Display Disclaimers?
- Disclaimers Vs T&Cs Vs Privacy Policies - What’s The Difference?
- Practical Disclaimer Examples You Can Adapt
- How Disclaimers Fit Into An Overall Compliance Strategy
- Key Takeaways
If you run a small business in Australia, chances are you’ve asked yourself whether you need a disclaimer on your website, emails or marketing material.
Disclaimers can be a simple way to set expectations, reduce legal risk and communicate clearly with customers. But they’re not a silver bullet - especially under Australian Consumer Law - so it’s important to write them properly and use them in the right places.
In this guide, we’ll walk through practical disclaimer examples for common business scenarios, explain what the law allows (and what it doesn’t), and show you how to draft clear, plain‑English disclaimers you can tailor to your business.
What Is A Disclaimer And When Do You Need One?
A disclaimer is a short statement that limits or clarifies your responsibility for certain information, risks or outcomes. It helps manage customer expectations and reduce misunderstandings.
You’ll typically see disclaimers:
- On websites and apps (e.g. general information only, not professional advice)
- In marketing and social media posts (e.g. results vary, images are for illustration)
- With products and services (e.g. safety warnings, proper use instructions)
- In emails (e.g. confidentiality, unintended recipient notices)
It’s common to pair targeted disclaimers with your broader legal documents, such as Website Terms and Conditions, a Privacy Policy and your customer terms. If you want help drafting a tailored Disclaimer that fits your business, we can help.
Are Disclaimers Legally Binding Under Australian Law?
Disclaimers can be effective when they are clear, prominent and consistent with your other contract terms. However, Australian Consumer Law (ACL) sets important limits on what you can exclude or restrict.
Under the ACL, you must not make false or misleading statements. This includes your website content, marketing and customer communications. You cannot “disclaim away” misleading conduct - see how Section 18 of the Australian Consumer Law works in practice.
Similarly, you can’t exclude the consumer guarantees that apply to goods and services. If you offer warranties, any wording must align with the ACL’s requirements (a dedicated Warranties Against Defects Policy is often needed).
So, disclaimers are useful - but they must be truthful, fair and used alongside compliant terms. Think of them as a communication tool, not a way to avoid your legal obligations.
Common Types Of Disclaimers For Small Businesses
Below are practical disclaimer examples you can adapt. Keep your language short, clear and customer‑friendly. Where possible, point back to your full terms for the complete picture.
1) General Information (Website/App)
Use when you publish general content (blogs, FAQs, guides) that isn’t tailored advice.
Example:
“The information on this website is general in nature and is provided for information purposes only. It is not legal, financial or professional advice. You should obtain specific, independent advice relevant to your circumstances.”
Best practice: Include a link to your full Website Terms and Conditions near this disclaimer and make sure both are easy to find.
2) No Professional Advice (Specialist Content)
If you publish specialist tips (fitness, finance, legal, tax, medical, etc.), reinforce that content isn’t a substitute for professional advice.
Example:
“Our content is for general information only and does not take your personal circumstances into account. We do not provide professional advice. Before acting, seek advice from a qualified professional.”
3) Results May Vary (Services, Coaching, Marketing)
Avoid promises and set realistic expectations about outcomes.
Example:
“Examples and case studies are for illustrative purposes only and do not guarantee similar results. Individual outcomes depend on many factors outside our control.”
4) Product Images And Descriptions (Ecommerce/Retail)
If colours, finishes or packaging can vary, say so clearly.
Example:
“Product images are for illustrative purposes only and may differ from the actual product due to lighting, screen differences or manufacturing updates.”
Pair this with clear return/refund processes in your customer terms (your Terms of Trade should cover delivery, returns and risk).
5) Safety And Proper Use (Hardware, DIY, Health/Fitness)
Where misuse could cause harm or damage, provide safety guidance and limits.
Example:
“Always follow the instructions and safety warnings provided with this product. Use at your own risk and seek professional guidance where appropriate. We are not responsible for damage or injury arising from incorrect use.”
6) Affiliate Links And Third‑Party Content
If you receive commissions or feature third‑party content, be upfront.
Example:
“Some links are affiliate links. If you click and purchase, we may receive a commission at no extra cost to you. We are not responsible for the content, accuracy or practices of external sites.”
7) Testimonials And Reviews
Use testimonials responsibly and avoid creating misleading impressions.
Example:
“Testimonials reflect individual experiences and results may vary. We do not claim that these are typical results for all customers.”
8) Social Media And Community Guidelines
If you host comments or a community, clarify moderation and responsibility.
Example:
“Comments posted by users are their own views and do not represent our views. We may moderate or remove content that breaches our community guidelines.”
9) Intellectual Property And Copyright
Remind visitors that your content is protected and state permitted use.
Example:
“All content on this site is our intellectual property unless otherwise stated. You may not reproduce, distribute or adapt any part without our prior written consent.”
10) Email Disclaimers
For business emails that may include confidential information, include a footer note. While email disclaimers aren’t a cure‑all, they can help communicate expectations.
Example:
“This email (and any attachments) is confidential and intended for the named recipient only. If you received it by mistake, please notify the sender and delete it. Any unauthorised use is prohibited.”
Consider pairing this with a tailored Email Disclaimer and strong internal policies on handling personal data.
11) Price And Availability (Retail, Services, Events)
Market conditions change - signal that pricing and stock may vary.
Example:
“Prices and availability are subject to change without notice. All pricing is in AUD and includes GST where applicable.”
12) Limitation Of Liability (Pointing To Your Terms)
Don’t attempt to exclude consumer guarantees, but you can set reasonable limits and refer users to your full contract terms.
Example:
“To the maximum extent permitted by law, we exclude liability for indirect or consequential loss, and our liability for breach of a consumer guarantee is limited to resupply or a refund, as set out in our Terms.”
Ensure this wording aligns with your Website Terms and Conditions or customer terms and is consistent with the ACL.
How Do I Write A Clear, Compliant Disclaimer?
Use this simple step‑by‑step approach to draft disclaimers you can stand behind.
1) Identify The Risk Or Misunderstanding
Ask, “What could a customer reasonably misinterpret here?” This might be relying on general content as tailored advice, expecting guaranteed results, or thinking an image is always an exact representation.
2) Be Specific And Plain‑English
Write for the reader. Short sentences, active voice, and concrete words help. Avoid legalese and vague phrases like “we disclaim all liability” - that rarely helps your customers understand what you mean.
3) Keep It Consistent With Your Terms
Your disclaimer should support, not contradict, your contract. Cross‑check with your Terms of Trade or service agreement to ensure everything lines up.
4) Make It Prominent
Place the disclaimer where it’s relevant. For example, put a “general information only” notice near blog content and a “results vary” note near case studies or testimonials. Add a consolidated version in your footer with links to your terms.
5) Align With The ACL
Never use disclaimers to avoid consumer guarantees or excuse misleading conduct. If you’re unsure, get advice early - it’s easier to write it right than to fix it later.
6) Review Regularly
Update disclaimers when your offerings, pricing, images, safety info or third‑party relationships change. Out‑of‑date wording can be risky and confusing.
Where Should I Display Disclaimers?
Placement matters. A disclaimer that’s buried or hard to read won’t help you or your customers.
- Website footer: Include a short statement (e.g. general info only) and links to your Website Terms and Conditions and Privacy Policy.
- Relevant pages: Add specific notices near the content or action (e.g. beside testimonials, on product pages, near calculators or tools).
- Checkout and booking flows: Reinforce key points (pricing, availability, cancellations, lead times) and link to your customer terms.
- Emails and proposals: Use an email footer and, where needed, a short contextual note in your proposal or quote.
- Printed materials: Add concise wording to product manuals and handouts (especially safety or proper-use warnings).
Make sure the text is readable on mobile. Tiny, low‑contrast text can undermine the purpose of the disclaimer.
Disclaimers Vs T&Cs Vs Privacy Policies - What’s The Difference?
Disclaimers are just one part of your legal toolkit. Here’s how they fit with your core documents.
- Disclaimers: Short statements to clarify limits, expectations or risks. They’re situational and work best when placed close to the relevant content or action.
- Website Terms and Conditions: Your full contract with site users that covers acceptable use, IP, liability, disputes and more. If you’re online, dedicated Website Terms and Conditions are essential.
- Customer Terms/Service Terms: The contract for your sales and services (pricing, delivery, refunds, warranties, limitations). Many businesses use robust Terms of Trade or a Service Agreement as their base.
- Privacy Policy: Explains what personal information you collect, why and how you use and store it. If you collect personal data (most businesses do), a transparent Privacy Policy is critical.
- Warranties/Warranty Against Defects: If you offer specific warranties in addition to consumer guarantees, the ACL requires particular wording - a compliant Warranties Against Defects Policy helps you meet those requirements.
The big idea: Use disclaimers to set expectations in the moment, and rely on your terms and policies to do the heavy lifting for your legal relationship with customers.
Practical Disclaimer Examples You Can Adapt
Here are more short, plain‑English options you can tweak for your business. Always ensure they’re accurate and consistent with your terms.
- Events/Workshops: “Event content is for general information only. We may record the session for internal purposes. Always follow the safety instructions provided by staff at the venue.”
- Calculators/Estimators: “This calculator provides an estimate based on the inputs you provide and assumptions stated. It is not a quote or guarantee.”
- Beta Features/Trials: “This feature is in beta and may change without notice. Do not rely on it for critical tasks.”
- User‑Generated Content: “We may remove content that breaches our community guidelines, but we are not responsible for user‑generated content.”
- Stock/Ordering Lead Times: “Lead times are estimates and subject to supplier and logistics factors outside our control.”
- Images/Props: “Props and accessories shown in images are not included unless stated.”
Don’t forget to review your marketing claims and headlines at the same time. Even a strong disclaimer won’t fix a headline that’s misleading - the ACL applies to all representations, not just fine print.
How Disclaimers Fit Into An Overall Compliance Strategy
Disclaimers work best when they’re part of a broader compliance and contract framework. A quick checklist:
- Consumer law: Check that your marketing and sales processes align with the ACL (avoid guarantees you can’t stand behind, keep pricing transparent, and ensure refund processes are fair and clear).
- Contracts: Ensure your online terms, proposals and sales agreements are consistent, up‑to‑date and easy to accept.
- Privacy/data: Make sure your data collection matches what you say in your Privacy Policy, and only collect what you need.
- Internal processes: Train your team on what your disclaimers mean and when to use them. If staff contradict your disclaimers in emails or calls, you can still be liable for what they promised.
If you’re unsure whether a disclaimer is doing its job, it’s worth getting a quick sense‑check. A small change in wording or placement can make a big difference.
Key Takeaways
- Disclaimers help set expectations and reduce misunderstandings, but they can’t override Australian Consumer Law or your core obligations.
- Use short, clear disclaimers tailored to the context (general info, results may vary, images, safety, third‑party content, email).
- Place disclaimers where they matter - near the content or action - and keep them consistent with your Website Terms and Conditions and customer terms.
- Never rely on disclaimers to excuse misleading conduct; make sure your marketing and sales processes align with the ACL.
- Build a simple compliance stack: fit‑for‑purpose disclaimers, robust customer terms, a transparent Privacy Policy and any required warranty wording.
- Review and update your disclaimers regularly as your products, services and communications evolve.
If you’d like help drafting compliant disclaimers, Website Terms and Conditions or customer terms for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








