Identity of the other parties For the contract to be enforceable, the identity of all contracting parties needs to be clear. Collect a reasonable amount of information to identify the other party adequately. Disclaimers and limitations on liability Disclaimers may be used as a means of limiting the site owner's liability or qualifying information on a site. Disclaimers and limitations on liability are often subject to careful post fact scrutiny. To be effective, the disclaimer must, like all standard terms, be brought to the attention of the customer and be worded and displayed clearly and prominently.
Some websites display disclaimers on their homepages.
The difficulty with this approach is that a customer may not enter the site through the home page or ever access the home page. Others use links. As The Treasury site is an information-only site containing significant information regarding New Zealand's economy, which people will use and rely on, it is interesting that the disclaimer is featured only in the toolbar and is not compulsory viewing. Exclusion of certain customers For various reasons a site owner may need to exclude certain persons from accessing or purchasing through the site. As with disclaimers and limitations on liability such exclusions should be worded and displayed clearly and prominently.