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.
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If you run a business in New Zealand, it’s easy to assume a simple “use at your own risk” line will protect you if something goes wrong.
But in reality, a disclaimer notice is only effective if it’s written properly, placed where people will actually see it, and doesn’t try to exclude obligations you can’t legally avoid.
Whether you sell products online, publish advice-based content, provide services, run events, or even just post on social media, the right disclaimer notice can help manage expectations, reduce disputes, and protect your business from avoidable risk.
Let’s break down what a disclaimer notice is, when you need one, and how to make sure yours actually does what you want it to do.
What Is A Disclaimer Notice (And What Does It Actually Do)?
A disclaimer notice is a statement that explains the limits of what you’re responsible for, and the terms on which someone is using your information, products, services, or site.
In plain English, it’s a tool to:
- Set expectations about what your business does (and doesn’t) provide
- Warn users about risks they need to be aware of
- Reduce misunderstandings that often lead to complaints or disputes
- Support your contracts by making key limitations visible before someone buys, books, or relies on something
That said, a disclaimer notice is not a magic shield. It won’t automatically stop someone from taking action against you if you’ve breached the law, misled customers, or failed to take reasonable care.
Think of it like signage on a construction site. Good signs don’t remove the need for safety measures, but they can help show you took reasonable steps to warn people and manage risk.
Disclaimers vs Terms And Conditions: What’s The Difference?
Business owners often mix these up.
- Terms and conditions (or a service agreement) are your broader legal contract with customers, covering payment, delivery, cancellations, liability, and more.
- A disclaimer notice is usually narrower and more specific, often used to address risk in a particular context (like advice content, third-party links, or results not guaranteed).
In practice, you often need both. For online businesses especially, a disclaimer notice might sit alongside your Website Terms and Conditions so the key risks are front and centre.
When Does Your NZ Business Need A Disclaimer Notice?
If customers, clients, or members of the public could reasonably rely on what you say, sell, publish, or provide, it’s worth considering a disclaimer notice.
Here are common situations where a disclaimer notice is especially important in New Zealand.
If You Publish Advice Or Information (Even For Free)
If your website or social media includes tips, guides, templates, FAQs, calculators, or educational content, people may treat it as “advice” and make decisions based on it.
That’s where an information disclaimer can help clarify that:
- your content is general information only
- it isn’t personalised advice
- users should seek professional advice for their specific situation
This comes up a lot for businesses in health and wellbeing, finance coaching, HR consulting, marketing, IT/security, and professional services.
If you’re collecting personal information while offering content or downloads, your disclaimer should also work alongside a properly drafted Privacy Policy so customers understand what you collect and why.
If You Sell Products With Use Risks Or Results That Vary
If you sell products where outcomes differ from person to person (or where safe use matters), disclaimers are helpful for managing expectations.
Examples include:
- supplements, skincare, cosmetics, or wellness products
- digital products like workout plans or meal guides
- DIY kits, tools, or equipment
- products with known limitations (for example, “not suitable for outdoor use”)
A well-drafted disclaimer notice can highlight limitations and safe-use warnings, but it generally can’t remove your obligations under the Consumer Guarantees Act 1993 (such as guarantees around acceptable quality and fitness for purpose) when you’re dealing with consumers.
If You Provide Services Where Outcomes Aren’t Guaranteed
Many service businesses can’t promise a specific result (and shouldn’t). A disclaimer notice can clarify what you’re responsible for and what you’re not.
This is common for:
- consultants and advisors (strategy, marketing, HR, operations)
- creative services (design, photography, video, content)
- tech services (development, cybersecurity, IT support)
- coaches and educators
In these cases, disclaimers work best when they match the actual contract terms in your customer agreement. If you provide services under a formal contract, it’s worth having a tailored Service Agreement (and using your disclaimer notice consistently with it).
If You Run A Website With External Links, Downloads, Or Third-Party Content
If your site links to third-party tools, resources, affiliates, or embedded content, a disclaimer notice can clarify that:
- you’re not responsible for third-party websites
- links don’t equal endorsement
- availability and accuracy of third-party info can change
This can be especially useful if your site earns affiliate income or commissions, because transparency matters (both legally and reputationally).
What NZ Laws Affect Your Disclaimer Notice?
A disclaimer notice isn’t just a branding choice - it sits within New Zealand’s legal framework.
To keep your disclaimer effective (and avoid it backfiring), it helps to understand the main laws that influence what you can and can’t disclaim.
Fair Trading Act 1986 (Misleading Or Deceptive Conduct)
The Fair Trading Act 1986 is one of the biggest reasons “quick disclaimers” don’t always do what business owners hope.
If your advertising, website claims, pricing, or representations are misleading (or likely to mislead), you generally can’t fix that by adding a small disclaimer at the bottom of the page.
Disclaimers can help with context and clarity, but they shouldn’t be used to “take back” bold headline claims.
As a practical example: if you advertise “guaranteed results in 7 days”, adding a disclaimer notice like “results may vary” might not be enough - because the overall impression could still be misleading.
Consumer Guarantees Act 1993 (You Often Can’t Contract Out)
If you sell goods or services to consumers in New Zealand, the Consumer Guarantees Act 1993 provides automatic guarantees (like acceptable quality, fitness for purpose, and reasonable care and skill).
A disclaimer notice generally can’t remove those guarantees for consumer customers.
In some business-to-business transactions, contracting out of the Consumer Guarantees Act may be possible, but only if specific legal requirements are met (and it needs to be clearly agreed). This is a good example of where tailored legal drafting matters.
Contract And Negligence Principles (You Still Need To Be Reasonable)
Even where consumer law doesn’t apply, disclaimers still have limits.
For example:
- A disclaimer notice is more likely to help if it’s clear, prominent, and shown before a customer commits (not hidden after checkout).
- Courts look at whether a limitation is reasonable and whether the customer had a real opportunity to understand it.
- A disclaimer won’t necessarily protect you if you haven’t taken reasonable care (and some kinds of liability can’t be excluded at all).
This is why disclaimers should be part of a bigger legal setup, not the only line of defence.
What Should A Disclaimer Notice Include?
The right disclaimer notice depends on your business model, audience, and risk profile - but most effective disclaimers include a few key building blocks.
1. What The Content Or Service Is (And Isn’t)
Start by clarifying what you are providing.
- Is it general information only?
- Is it educational content, not professional advice?
- Is it a guide that doesn’t account for individual circumstances?
This is particularly important if you publish content that could be mistaken for professional advice (legal, financial, health, technical, or safety-related).
2. Limits On Reliance
Many disclaimers include a statement that users shouldn’t rely on the content as the sole basis for decisions, and should get independent advice.
This can reduce the risk of someone claiming they relied on your content and suffered a loss as a result.
3. Results May Vary (Where Relevant)
If you sell services or programs where outcomes depend on individual effort or external factors, it’s smart to be upfront.
A disclaimer notice might clarify that results depend on factors such as:
- the customer’s situation and choices
- market conditions
- health status or other personal variables
- third-party platforms or suppliers
The key is to make sure your disclaimer matches the reality of what you offer - and matches your marketing claims.
4. Third-Party Links And Tools
If you link to third-party websites, apps, or resources, you can include a clause stating you’re not responsible for their content, availability, or accuracy.
This is especially relevant if you run an online store, a blog, or a directory-style site.
5. Limitation Of Liability (Carefully Drafted)
Some disclaimer notices include liability limitations, but this is where you need to be careful.
Overreaching limitations can be unenforceable, and may create customer trust issues. In many cases, it’s better to include liability clauses inside your customer-facing contract terms rather than relying on a standalone disclaimer notice.
If you need broader protections, it may be worth using a dedicated Disclaimer drafted for your business, aligned with your terms and how you actually operate.
6. Where To Put It (So It’s Actually Effective)
Even a perfectly written disclaimer notice won’t help much if no one sees it.
Common placements include:
- in the website footer (for general disclaimers)
- on key pages where reliance is likely (blog posts, resources, calculators)
- on checkout pages (where limitations relate to purchase decisions)
- in booking flows (for appointments, consultations, events)
- in proposal documents and email footers (where advice or reliance risk exists)
If you use a disclaimer notice to reduce reliance risk, it should appear before a person relies on the content or makes a decision, not after.
Common Disclaimer Mistakes NZ Business Owners Make
Most disclaimer issues aren’t caused by bad intentions - they happen because business owners are moving fast, wearing ten hats, and using whatever wording they can find online.
Here are some common pitfalls we see.
Using A Disclaimer To “Undo” Misleading Marketing
If your headline claim is too strong, a small disclaimer notice won’t necessarily save it.
The overall impression of your advertising still needs to be accurate under the Fair Trading Act 1986.
Copying A Generic Template That Doesn’t Match Your Business
A disclaimer notice should reflect what you actually do.
If it’s copied from another industry, it can create confusion (or worse, contradict your own contracts or policies). That contradiction can make disputes harder to resolve.
Trying To Exclude Everything
“We are not liable for anything, ever” usually isn’t realistic or enforceable.
It can also be a red flag for customers. A good disclaimer notice is specific and reasonable.
Forgetting The Rest Of Your Legal Setup
A disclaimer notice is only one part of your legal foundation.
Depending on how you operate, you might also need:
- clear terms for website use and sales
- contracts with customers and suppliers
- a privacy policy and collection notice if you collect personal information
- employment documents if you hire staff (like an Employment Contract)
When these documents work together, your business is far easier to run (and far easier to protect).
Key Takeaways
- A disclaimer notice helps set expectations and manage risk, but it won’t protect your business if it’s unclear, hidden, or inconsistent with the law.
- Many NZ businesses need a disclaimer notice if they publish advice-based content, sell products with usage risks, provide services where results vary, or link to third-party resources.
- Your disclaimer notice must sit alongside key NZ laws like the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 - you often can’t “disclaim away” core legal obligations.
- Effective disclaimers are specific, easy to understand, and placed where customers will actually see them before they buy, book, or rely on your content.
- A disclaimer notice works best as part of your wider legal foundations, including strong customer terms and privacy documentation.
Disclaimer: This article is general information only and does not constitute legal advice. If you need advice for your specific situation, get in touch with a lawyer.
If you’d like help putting the right disclaimer notice in place for your business (and making sure it lines up with your contracts, website terms, and NZ consumer law), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
