No Responsibility Disclaimer Examples In New Zealand: Legal Use

If you run a small business, you’ve probably seen (or used) wording like “use at your own risk” or “we’re not responsible for…” on websites, quotes, invoices, and social media.

Disclaimers can be a great way to set expectations and reduce misunderstandings. But in New Zealand, a disclaimer isn’t a magic shield. If it’s drafted poorly (or tries to exclude obligations you can’t legally exclude), it may do nothing - and it can even create customer trust issues if it feels misleading.

This guide is general information only (not legal advice). If you want advice for your specific situation, it’s best to speak to a lawyer.

In this guide, we’ll walk you through no responsibility disclaimer examples in New Zealand, when they work, when they don’t, and how to use disclaimers legally as part of your wider risk-management setup.

What Is A “No Responsibility” Disclaimer (And What Can It Actually Do)?

A “no responsibility” disclaimer (sometimes called a limitation of liability disclaimer) is wording where you try to limit what you’ll be liable for if something goes wrong.

In practice, disclaimers are used to:

• Set boundaries about what you are and aren’t providing (for example, general information vs professional advice).
• Limit liability for certain types of loss (for example, consequential loss, indirect loss, lost profits).
• Clarify assumptions (for example, “customer must provide accurate measurements” or “results may vary”).
• Manage risk in operational situations (for example, events, fitness classes, or use of facilities/equipment).

But here’s the key point: whether a disclaimer works depends on what you’re disclaiming, who you’re dealing with (consumer vs business customer), and how the disclaimer is presented and agreed to.

For many small businesses, a disclaimer works best when it’s part of well-drafted business terms or website terms - not as a random sentence buried at the bottom of a page.

Disclaimers vs Contracts: What’s The Difference?

A disclaimer is usually a statement intended to limit responsibility. A contract (or your terms and conditions) is what actually sets the enforceable rules between you and the customer.

If you want a limitation of liability to “stick”, you generally want it to be in a contract the customer has agreed to - like your online checkout terms, quote acceptance terms, or a signed service agreement.

Which New Zealand Laws Affect Disclaimers?

Disclaimers in New Zealand don’t exist in a vacuum. Several laws shape whether you can exclude liability, and how you can do it.

Fair Trading Act 1986 (Don’t Mislead)

The Fair Trading Act 1986 is about truthful marketing and fair conduct. Even with a disclaimer, you generally can’t mislead customers through advertising, representations, or fine-print “gotchas”.

For example, a disclaimer won’t save you if you advertise something as “guaranteed results”, then try to quietly walk it back with “results may vary” in tiny text.

Consumer Guarantees Act 1993 (Consumer Rights You Often Can’t Contract Out Of)

If you sell goods or services to consumers (generally people buying for personal use), the Consumer Guarantees Act 1993 (CGA) gives them automatic guarantees - like goods being of acceptable quality and services being carried out with reasonable care and skill.

In many situations, you can’t contract out of the CGA for consumer customers. That means “no responsibility” wording can be ineffective if it’s trying to exclude rights the customer automatically has.

However, there are situations where you can contract out of the CGA when dealing with another business (B2B). To do this properly, the contracting-out clause generally needs to be in writing, the other party must be acquiring the goods or services for business purposes, and it needs to be fair and reasonable in the circumstances. This is a common area where getting your terms drafted properly matters.

Contract And Commercial Law Act 2017 (How Contracts Are Interpreted)

The Contract and Commercial Law Act 2017 helps govern contract principles in New Zealand. It affects how courts interpret contract terms and remedies if something goes wrong.

The practical takeaway is simple: if your disclaimer is vague, inconsistent with your marketing, or not clearly incorporated into the contract, you may struggle to rely on it.

Privacy Act 2020 (Data Handling Disclaimers Aren’t Enough)

If you collect customer personal information (names, emails, delivery addresses, IP addresses, health details, etc), you need to comply with the Privacy Act 2020. A disclaimer like “we’re not responsible for data breaches” won’t replace actual compliance steps.

Many businesses deal with this by having clear website terms and a Privacy Policy that explains what data you collect, why you collect it, and how people can access or correct their information.

Responsibility Disclaimer Examples New Zealand Businesses Can Use (With Notes)

Below are responsibility disclaimer examples New Zealand businesses commonly use. Treat these as starting points only - the right wording depends on your industry, customer type, and actual risk profile.

Important: You shouldn’t copy/paste these without checking whether they match your services and legal obligations. The “best” disclaimer is the one that reflects what you actually do, and sits within a contract that’s properly formed.

1) Website Information Disclaimer (General Information Only)

Example:

“The information on this website is provided for general information purposes only and does not constitute professional advice. You should obtain independent advice tailored to your circumstances before acting on any information on this website.”

When it helps: If you publish educational content, blog posts, templates, or checklists.

Watch-outs: If you are actually providing personalised advice (for example, paid consulting), your contract should clearly define scope, deliverables, and limits - a disclaimer alone may not be enough.

2) “Use At Your Own Risk” Disclaimer (Tools, Downloads, Calculators)

Example:

“Any use of our tools, downloads, or calculators is at your own risk. We do not warrant that the results are accurate, complete, or suitable for your purposes.”

When it helps: If you provide free tools or resources where users input their own data.

Watch-outs: If you market the tool as “accurate” or “guaranteed”, the disclaimer may conflict with your representations under the Fair Trading Act.

3) Third-Party Links Disclaimer (External Websites)

Example:

“Our website may contain links to third-party websites. We do not control and are not responsible for the content, privacy practices, or availability of those websites.”

When it helps: If you link to suppliers, resources, affiliates, or external service providers.

Watch-outs: If you’re effectively endorsing a third-party product and that endorsement is misleading, you may still face issues.

4) Limitation Of Liability Disclaimer (Service Provider)

Example:

“To the maximum extent permitted by law, we exclude all liability for any indirect or consequential loss, loss of profit, or loss of data arising from our services. Our total liability for any claim is limited to the fees paid for the services in the 3 months prior to the event giving rise to the claim.”

When it helps: In B2B services where you want a clear cap on exposure.

Watch-outs: In consumer-facing services, caps/exclusions may be limited by the CGA and other consumer protections. Also, liability caps need to be reasonable, and you generally need to ensure the limitation clause is properly incorporated into the contract (so the customer has a real opportunity to see and accept it).

For many service businesses, a properly drafted Service Agreement is the best place to include these clauses, because it defines scope, fees, milestones, and what happens if something changes.

5) Accuracy Of Customer-Provided Information Disclaimer

Example:

“You are responsible for ensuring that all information you provide to us is accurate and complete. We are not responsible for delays, rework, or additional costs arising from incorrect information you provide.”

When it helps: Designers, builders, trades, marketing agencies, printers, signage companies, and anyone relying on specs supplied by the customer.

Watch-outs: You may still have obligations to clarify obvious errors or confirm key specs, depending on the circumstances. Disclaimers work best alongside a process (written approvals, sign-offs, proofing steps).

6) Results May Vary Disclaimer (Marketing, Health, Fitness, Education)

Example:

“Results may vary depending on individual circumstances. We do not guarantee any specific outcomes.”

When it helps: Where outcomes depend on customer effort, starting point, or external factors you can’t control.

Watch-outs: Be careful that your advertising doesn’t contradict this. If you make strong claims (“double revenue in 30 days”), you may create expectations that the disclaimer can’t fix.

7) Stock / Availability Disclaimer (Retail And E-Commerce)

Example:

“All orders are subject to stock availability. If an item is unavailable after you place an order, we will contact you and offer a refund or alternative.”

When it helps: Online stores, pre-orders, made-to-order stock, and small batch businesses.

Watch-outs: You should still have a workable refunds/returns process, and your terms should be consistent with consumer law. This kind of clause usually sits within your website or e-commerce terms.

Where Should You Put A Disclaimer So It’s More Likely To Be Enforceable?

A disclaimer can be perfectly written and still not work if the customer never really saw it (or if it wasn’t part of the agreement).

For small businesses, the goal is to make sure your disclaimer is:

• Clear (plain English, not legalese)
• Prominent (not hidden in a footer where no one looks)
• Consistent with your marketing and sales conversations
• Incorporated into the agreement (so it forms part of the contract)

Practical Places To Use Disclaimers

• Website footer + website terms (best if paired with proper website terms and a privacy policy).
• Checkout pages (tick-box acceptance of terms is common for online businesses).
• Quotes and proposals (for example, “by accepting this quote you accept our terms…”).
• Invoices (useful, but ideally not the first time a customer sees key terms).
• Booking forms for services, appointments, events, and sessions.
• Engagement letters / service agreements for professional services.

If you run a website that sells products or services online, your disclaimers are often best placed inside your Website Terms And Conditions so they sit within a coherent contract framework.

Avoid The “Surprise Fine Print” Problem

As a rule of thumb: the more a clause limits your customer’s rights, the more you should bring it to their attention before they buy.

Imagine this: you agree to provide a time-sensitive service, the customer relies on that timing, and then you point to a tiny footer disclaimer saying “we’re not responsible for delays”. If the customer can show they reasonably relied on what you told them, the disclaimer may be challenged or interpreted narrowly.

Common Mistakes That Make Disclaimers Unenforceable (Or Risky)

Disclaimers can backfire when they’re used as a substitute for proper contracts, compliance, or good customer processes.

1) Trying To Exclude Non-Excludable Consumer Rights

If you deal with consumers, you generally can’t exclude CGA guarantees just by saying “no refunds” or “no responsibility”. This is a common issue for retail, online stores, and service businesses working with the public.

If you sell to other businesses, contracting out can be possible - but you’ll want that clause drafted carefully, and you’ll want the rest of your terms to support it.

2) Disclaimers That Contradict Your Advertising Or Sales Pitch

If you promise a result to win the job, then rely on a disclaimer to avoid responsibility, you’re setting yourself up for a dispute (and potentially a Fair Trading Act issue).

A better approach is to align everything:

• marketing claims
• sales emails and DMs
• quote wording
• contract scope and exclusions
• your disclaimer clauses

3) Vague Wording Like “We’re Not Liable For Anything”

Overly broad disclaimers can be hard to enforce and can also damage customer trust.

Specific, reasonable disclaimers tend to perform better because they clearly explain the risk allocation (for example, excluding indirect loss, or limiting liability to fees paid).

4) Using Disclaimers Instead Of Safety And Operational Controls

If you run events, physical premises, or activities involving risk, a disclaimer won’t replace practical steps like safety briefings, signage, proper maintenance, and incident procedures.

In higher-risk scenarios, you might also consider a properly drafted Waiver. However, waivers and “no responsibility” wording won’t necessarily protect you from claims where you’ve failed to meet legal duties (including duties around safety and reasonable care). Because enforceability can be fact-specific, it’s worth getting the waiver wording and your process reviewed.

5) Forgetting Employment And Contractor Settings

Sometimes disclaimers get used internally (for example, “we are not responsible for your personal property” or “we are not liable for any injury”). If you have staff or contractors working on-site, you’ll usually want proper workplace policies and agreements rather than relying on disclaimers alone.

Where appropriate, the right foundation starts with a clear Employment Contract and tailored policies that reflect how your workplace actually runs.

How To Draft A Legally Safer Disclaimer For Your Business

If you want disclaimers that actually support your business (instead of just looking tough), focus on these steps.

Step 1: Be Clear About What You’re Providing

Disputes often happen because the customer thought they were buying one thing, and you thought you were providing another.

Define:

• your services (scope)
• what’s excluded (out of scope)
• assumptions you’re relying on
• timeframes and dependencies (for example, customer approvals)

Step 2: Decide What Risk You’re Actually Trying To Limit

Good disclaimers are targeted. For example:

• Are you trying to avoid being liable for customer-provided data?
• Are you trying to cap liability at fees paid?
• Do you need to exclude liability for third-party platforms or suppliers?
• Do you need to clarify that information is general, not personalised advice?

Once you know the risk, you can draft the clause properly and keep it consistent with the rest of your business documents.

Step 3: Put The Disclaimer In The Right Document (And Make It Part Of The Deal)

For most businesses, disclaimers work best as part of:

• your customer terms (for online or repeat sales)
• your service agreement (for custom projects)
• a signed waiver (for higher-risk activities)

One-off disclaimers on an invoice after the work is done are usually much harder to rely on.

Step 4: Keep It Consistent With NZ Consumer Law And Fair Trading Rules

If you’re not sure whether you’re dealing with consumers or businesses (or you do both), that’s a sign you should get your terms reviewed. A clause that’s fine for B2B work could be problematic if it’s applied to consumers in the same way.

Step 5: Avoid DIY Templates For High-Stakes Terms

It’s tempting to copy a disclaimer from another website, but it may not match New Zealand law or your actual business model. The risk is you end up with wording that’s unenforceable, misleading, or inconsistent with your services.

Having a lawyer draft or review your disclaimer clauses usually costs far less than cleaning up a serious dispute later.

Key Takeaways

• A “no responsibility” disclaimer can help manage risk, but it’s not a one-size-fits-all legal shield in New Zealand.
• Whether a disclaimer is enforceable depends on how it’s written, how it’s presented, and whether it forms part of the contract your customer agreed to.
• The Fair Trading Act 1986 and the Consumer Guarantees Act 1993 can limit what you can disclaim, especially when dealing with consumers.
• Common no responsibility disclaimer examples used by New Zealand businesses include information disclaimers, third-party link disclaimers, customer-provided information disclaimers, and liability caps (where legally permitted).
• Disclaimers work best when they sit inside properly drafted business terms, website terms, or a tailored service agreement, rather than being added as an afterthought.
• If your disclaimer is trying to do “heavy lifting” (like excluding liability, limiting remedies, or contracting out of the CGA for B2B), it’s worth getting it reviewed so it actually protects you.

If you’d like help putting the right disclaimers and limitation of liability clauses in place for your business, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.