Disclaimers in advertising

Mark McNamara made this Freedom of Information request to Advertising Standards Authority
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The request was successful.

Dear Advertising Standards Authority,

Could you please let me know that if an advertiser or company has, or produces a website advertising a Betfair trading course for example claiming to make £1000s each week, which even if the actual website advertising was deemed to be misleading, then if that website has a disclaimer in the terms and conditions which states,

`No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind`.

Would the wording in the disclaimer override any advertising which would be misleading.

For example, If a person was to purchase a Betfair course with a risk free guarantee or has purchased the course based upon the advertising on the website where it states that a person could not lose as long as the advice was followed, then if that person ticked a box indicating that they understood the Terms and Conditions which includes the disclaimers, then would the advertising not be classed as misleading to the consumer.

Yours faithfully,

Mark McNamara

Enquiries, Advertising Standards Authority

Dear Mark

Thank you for your most recent query.

Do you have a name of specific advertiser you have a query about?

Kind regards

Matt Wilson

Matt Wilson
Senior Media Relations Officer
Direct line 020 7492 2122

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222
www.asa.org.uk

Read our 2016 Annual Report

Legal, decent, honest and truthful

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Dear Enquiries,

An advertiser in question is Waverley Media who on their sales website page explain that a person can make £1000s each and every week by following the advice and they also state that a person simply cannot lose and also a lot of other claims which certain ones I have proof are fabricated lies.

The disclaimer which is buried within the terms and conditions several pages away from the sales page states that,

`No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind`.

To access the course a person has to check a box to indicate that they understand the terms and conditions otherwise a person can not purchase the course without clicking the box.

As previously enquired, if a sales webpage was deemed to be misleading, for example by the ASA, then would the inclusion of the disclaimer absolve the company of misleading the consumer by the inclusion of a disclaimer stating that the content was not to be relied upon when making decisions.

Thank you very much.

Yours sincerely,

Mark McNamara

Enquiries, Advertising Standards Authority

Dear Mark

Thank you for the additional information.

The advertising rules set out clearly that disclaimers/terms or conditions or significant limitations and qualifications on websites, or in other media, should not contradict a headline claim or the substance of an offer. They should clarify but not contradict the claims that they qualify.

We can't comment on the specific example you've outlined without going through our processes. We will judge this on a case by case basis.

Kind regards

Matt Wilson

Matt Wilson
Senior Media Relations Officer
Direct line 020 7492 2122

Advertising Standards Authority
Mid City Place, 71 High Holborn
London WC1V 6QT
Telephone 020 7492 2222
www.asa.org.uk

Read our 2016 Annual Report

Legal, decent, honest and truthful

show quoted sections