Disclaimer Provisions in Terms of Use Save Companies

On the other hand, when this provision is applied to a B2C (business to consumer) transaction (the case where the Consumer Contract Act applies), it looks like this.

In the case of B2C (the case where the Consumer Contract Act applies), since the company’s limited liability (orange part) in the case of an intentional act or gross negligence falls under Article 8, Paragraph 1, Items 2-4 of the Consumer Contract Act, thereby becoming invalid, it is more “black” than “gray”.
In reality, there may be many users who give up by stipulating this type of disclaimer provision.
Although this is a point on which companies may differ, FirstServer probably viewed this type of provision as a means of conveniently handling claims from users.


Although disclaimer provisions can save companies, they can also become invalid if the provision is incorrectly drafted. In any situation, complete disclaimer provisions are definitely invalid. Please pay special attention to disclaimers in B2C and B2B [transactions] since the way of drafting disclaimer provisions is different. (Taichi Kakinuma, attorney-at-law)