Disclaimer Required?

[aimccartney]

Hi All,

Hoping someone may be able to offer a little advice and any assistance is greatly appreciated.

I am currently in the process of setting up a user contributed meal sharing website. As this is eventually intended to be profit making with subscriptions and giveaways, one thing I have not yet worked out a definitive answer to is what I need to post on the website in regards to a disclaimer that meals are cooked at the customers risk.

Whilst each recipe will need reviewed before being accepted into our database, where can I draw the line here?

Thanks in Advance,

Alistair

 

[Alan]

meal sharing website

What?

 

[aimccartney]

What?

Its fitness based for gym-goers, those trying to bulk up etc can share their recipes. Sorry, should have said recipe rather than meal.

 

[billmccallum1957]

The BBC have a good piece in their T&C's... You could use these to help model your own unique Terms.

Mishaps
We take great care to make our content and services the best they can be. So if something does go wrong, we are responsible only:

a. If our services or content damage your device or anything on it. Should this happen, you might be able to ask for compensation under consumer protection law.

Compensation isn’t guaranteed, though. Be sure to get legal advice.

b. For certain unlikely events. If our negligence causes death or injury, for example.

c. If you’re an individual “consumer” and it would be unfair for us to not be held responsible.

Otherwise, we’re not liable for anything that happens if:

• You rely on advice, data, commentary, opinions or any other content
• There are errors, omissions, interruptions, delays, bugs or viruses
• We turn off or remove content, services, external links or creations (we’d normally only do this for legal reasons, because of house rules, or if we’re improving a service)
• The thing that happens couldn’t reasonably have been foreseen
• The thing that happens wouldn’t usually result from the mishap
• You and we hadn’t agreed that this thing would probably happen in the event of a mishap.

This applies to sites we link to as well as our content and services.

Source: http://www.bbc.co.uk/usingthebbc/terms-of-use/

 

[aimccartney]

Many thanks Bill.

 

[smallclaimsassistance]

Whatever you adopt, or don't, one thing you really should do is add the usual allergies warning. Ie:
Nut cutlet (may contain nuts)
Prawn cocktail (may contain prawns).

Maybe a little facetious, but the serious point is that you should post warnings for all the usual suspects, such as nuts, seafood, gluten, etc.

Interesting idea. Hope it works out for you.

Dean

 

[Gecko001]

There are 1000's of recipe websites and no doubt most have terms and conditions. Take a look at those. The BBC T & C as mentioned above is a good place to start.
BTW Has the OP explained the model correctly? Since nearly all of these recipe sites are free is charging a subscription going to work?

 

[The Resolver]

You need a full set of T&Cs not the odd waiver. You need to cover much more than potential claims against you.

The worst thing to do is to copy T&Cs from other sites, Firstly, they were designed for a different business and it is often more likely than not that there will be areas more specific to your business that will not be covered. What if someone posts a recipe protected by someone else's copyright? How do you comply with consumer laws on cancellation and dispute resolution?

Further, to copy is to breach copyright.

There have been many threads here on the dangers of cut and pasting T&Cs.

 

[Gecko001]

You need a full set of T&Cs not the odd waiver. You need to cover much more than potential claims against you.

The worst thing to do is to copy T&Cs from other sites, Firstly, they were designed for a different business and it is often more likely than not that there will be areas more specific to your business that will not be covered. What if someone posts a recipe protected by someone else's copyright? How do you comply with consumer laws on cancellation and dispute resolution?

Further, to copy is to breach copyright.

There have been many threads here on the dangers of cut and pasting T&Cs.

Agree with the above, definitely do not cut and paste, however no harm in looking at other T & C's of reputable sites to see what things they cover.

With regard to copyright and recipes, I do not think copyright applies to a recipe which is just a list of ingredients. However the description might attract copyright with regard to it being an original piece of writing.

If the OP allows contributors' pictures of the finished meal then, he/she will definitely have to take care with copyright. Permission from the copyright owner will have to be obtained before he/she can use them on their site. Disclaimers or getting contributors to sign over copyright will probably not be enough to prevent copyright enfringement claims for damages should some photos from some of the big sock photo providers slip through.

 

[aimccartney]

Thanks for all the replies, will review thoroughly then seek some professional advice in person too.