Legal implications and risks of the errors on the website - Essay Example

 Legal implications and risks of the errors on the website Cosy couches limited, being a reputable and distinguished company internationally dealing with furniture of high quality has the obligation of safeguarding and maintaining its image and stature. The errors that have appeared on the website; “cosycouches.com’’ are bound to create a legal pursuit by the customers and intended buyers relying on the online form of buying. On the same regard, persons who used the faulty information, posted prior to the discovery of the error can also result into legal tussles with the company with the claim that, they acted on the right information. This calls for an outright quick action to be undertaken with regard to the above issue. In order to correct on this, an apology ought to be posted on the same website quoting the error, corrections to it, and a promise to the customers that such errors will be avoided in the future. On the same note, a message of regret should be passed in the form of an apology to all those who have been inconvenienced by the said error.1 It is also important to realize that the error might end up ruining the image of Cosy Couches Limited if it goes unchecked, a situation that potential competitors may capitalise on. Cosy Couches has the legal right to sue them for using the name of Cosy Couches Limited directly or indirectly if they fail to adhere to the warning and any message requiring their use of fair competition.2 It will be in the best of your interest if you take a court order which will prevent any of your competitors from using advertisements or ways of marketing that will damage the image of Cosy Coaches Limited.3 This will ensure that the recovery from the error will be easier and less costly. It is also very important that the website designer be informed of the legal implication of making such errors and to also let him know that, if the errors are repeated, he is bound to be sued by Cosy Couches Limited. An example of this is the erroneously quoted sofa that made a customer place an order for 40 pieces at $7.99 per piece instead of $799 per piece. Nevertheless, the company has to offer to make it worthwhile and negotiate with the customer; since the said party has the right to sue for misinforming them.4 It is only right legally, to allow the customers purchase at the price that they placed their orders, despite the fact that this will lead to a loss. Making them change the order may lead to a number of lawsuits that will not only tarnish the name of the company, but that will also be costly.5 However, the customer may take advantage of these circumstances to try and reap from the company by mode of blackmailing, buying more at the same price or even tainting the image of the company. It is in the capacity of the director of the company to bar any more order regarding the old advertisement and still decline sale of the “sweet dreams” sofa-bed under the claim that the customer manipulated the website for their own gain. The manipulation could have been in the form of hacking into the website or by the use of an inside man.6 This should only be applied if the customer has tried to divert from the purchasing of the “sweet dreams” sofa-beds at the price that they made the purchase at. In any case the customer agrees to purchase at the price that is normal, “£799”, it is important that a gesture of appreciation is shown to them and to also convince them to sign a letter of confidentiality concerning the said matter regardless of which price the said customer bought the “sweet dreams” sofa-beds at. In the case of intending to expand your business it is important to note that legally, that is only possible if Mr. Martin has a clean record of at least three years and that includes court cases.7 As long as no one sues you in regards to the errors on the website, the situation will not fall under the category of an unclean record. In deeper details concerning the errors on the website, in order to avoid legal pursuits which may appear in the future, it is important that a notice of warning or even a legal disclaimer be served to protect the integrity of Cosy Couches Limited. These legal disclaimers may be in the usual formats. This means that, the contents of the website are susceptible to change frequently thereby warning users of inconveniences that may arise as a result.8 These changes maybe in form of escalating or dropping of prices or adjustments of products, addition of new products, deletion of old products that need to eliminated from the market. It is also important to add the copyright information that will put out the word that, its content should not be duplicated and any type of duplication whatsoever shall lead to being sued in a court of law.9 The disclaimer can be of the following format: DISCLAIMER OF ACCURACY, CURRENCY OR QUALITY Cosy Couches Limited assures no guarantee as to the accuracy, currency, or even the quality of the information that is published and/or posted on its Website.10 There is a possibility that there exist inaccuracies or errors that could be included by the server. In addition, there exists a possibility that there could be unauthorized deletions, additions, and even alterations that could have been made by third parties into the materials owned by the server.11 Although Cosy Couches Limited is committed to ensuring the integrity, appropriateness and the accuracy of the server materials, it gives no guarantees on the correctness and accuracy of the said materials. Before using any of the information that has been posted in any of the server materials, it is important that you check with Cosy Couches Limited to make sure that the said information which you are depending on is accurate.12 ACCURACY AND THE COMPLETENESS OF THE INFORMATION All information that has been posted on this website in regard to the products and the services offered by Cosy Couches Limited is prone to being changed without prior notice or warning.13 Reasonable procedures are taken to make sure that the accuracy and integrity of the information that has been provided here, but Cosy Couches Limited shall not be held responsible for any misprints, errors, or out of date information.14 Cosy Couches Limited makes no warranty, implied or express, neither does it assume any legal liability or even responsibility for any of the completeness or accuracy of the information that is contained on the Website.15 DISCLAIMER The content that is included in the Website is prone to change without warning as are any of the, programs, products, offerings or even the technical information that has been described in the Website.16 Cosy Couches Limited makes no warranty or representation whatsoever in regards to the quality, completeness or even adequacy of the content in this website, or the functionality, suitability or the operation of the website and its content. By using the website, you take the risk that its content may not necessarily meet your needs and requirements.17 This especially disclaims all warranties, implied or express and that includes without limitation the warranties of non infringement, freedom from any computer virus, fitness for any particular purpose and merchantability, with respect to the web pages and the content, or that of any second or third party websites which might have been linked to through this site. There is no event where cosy couches limited will be held liable for any incidental, indirect, special or consequential damages whether or not cosy couches limited has been informed of a possibility of such kind of damages.18 Disclaimer of liability: Cosy Couches Limited will have no warranty in regards to the documents or any other information that is available on this website, and will assume no legal liability or even responsibility of any kind for the completeness, accuracy or even usefulness of such information.19 Cosy Couches Limited disclaims all the warranties whether they are expressed, implied or both. This includes the warranties of the merchantability or fitness for any particular purpose, the non-infringement and/or the freedom from any computer virus.   LINKS There are some links that are on this website that lead to resources that are located on servers which are not handled or even maintained by Cosy Couches Limited or even under its control. Cosy Couches Limited is not and will not be responsible for any of the contents of such websites that have been referred to, or for the availability of the access to any of those websites.20 The inclusion of a link of a website to another, or the reference of any product or a service either by name of trade, manufacturer, trademark or otherwise, does not constitute or necessarily imply the endorsement or even the recommendation by Cosy Couches Limited.21 WARRANTY INFORMATION The information and the content on the server has been provided "as is" without a warranty of whatsoever kind, whether it is express, implied or both. This includes, but is not limited to the said warranties of fitness, merchantability for any particular purpose, and non-infringement. The references and the descriptions of any products or even services that are within this website’s materials have been provided "as is" without a warranty of whichever kind. Cosy Couches Limited will not liable for any damages of any kind which may result in the user using any of the materials on the Website, or third party Website whose links may be provided.22  VOID WHERE PROHIBITED Even though the information that is on the website can be accessed worldwide, not all services or products discussed in the website are available to the people in all geographic areas or jurisdictions. COPYRIGHT INFORMATION All the contents appearing on this website are the property of Cosy Couches Limited (Copyright Cosy Couches Limited). Cosy Couches Limited owns the copyright of all of the contents that is comprised in this website, unless or otherwise indicated. By having access and by using the website, you agree to abide by international copyright law and all other applicable laws.23 By including the above disclaimers and reclaims you are bound to avoid any legal pursuits through your website.24 This should also make sure that in case an order has been made where errors have been made it is possible to make sale at the right prices without having to incur loses of whichever kind. Second Mortgage implications In regards to the issue of whether or not to personally guarantee the loan by placing a second mortgage on your home, it is important that you realize that, by doing that, you are risking the ownership of your house far much further than is required. This is because in case the first or the second mortgage, terms and conditions are not met meaning that you are most likely to lose a major part of the house and if terms and conditions for both mortgages are not met then you lose the house all the same.25 This is very risky and you should only go ahead if and when you are at a capacity of being able to lose your house without it affecting any of your priorities. You should also consider how worthwhile the expansion is going to be in regards to the risk you are going to take. The second mortgage loan is a risky affair while on the other hand it has a lot of gains. I therefore, advice that you only take the loan if the probability of the risk working to your advantage is over 75%.26 In deeper details the Second mortgages is of two types: The first type which is the traditional one enables someone to get a one-time amount of cash which is appropriate if you require cash immediately to cover large expenses.27 The other type is available by means of credit and has similarities to a credit card of which you can acquire the funds as you require them.28 The withdrawal period in this case is ten years. These choices as given by lending companies are of much benefit to borrowers who need cash quickly. Since not so many people are lucky enough to have enough savings accounts from which they can withdraw from, when emergencies arise; second mortgages allow them to have access to money by having their equity with no need of having to sell their properties. Even though second mortgages are of much use, they tend to be very risky.29 This is because this loan makes a second lien in regards to your property. Failure in the terms and conditions is most likely going to lead to foreclosure regardless of whether or not you cleared your first mortgage loan within the required time.30 The second mortgage has the potential of carrying higher interest rates, thereby leading to the increase of your monthly payments. It is necessary to realize that there are mortgage-related fees that need to be paid and that you may also be charged with appraisal and closing costs which all depends on your lender.31 Before you consider this type of loan, you may want to look into whether you really need a second mortgage. If you decide to go for it, make sure that your house is appraised to know its market value. This is because the amount that will be offered in your loan will be dependent on the equity of the house.32 You should also search for the rates that are the best and that are available by seeking free quotes from several lenders. By doing this, you will compare and have the capability to choose the best of the rates. Secondly, your monthly payments need to be worked out for both the first and the second loans. This is to know whether you can afford both of them as it would not be good if you were to fall behind on your payments, a situation that would put your house at risk.33 Finally, you need to check the terms of the loan, the penalties and the costs. It is necessary that you understand what deal you are signing and whether you are required to pay for more processing fees or even closing costs. In some companies there are pre-payment penalties which apply for a second mortgage. When you understand the terms of the loan, you should commit towards proceeding with it. In conclusion, Cosy Couches is obligated to take irreparable measures to alleviate any future anomalies in its website to ensure that no legal implications arise with its customers. Regarding the anomaly that arose, it should be tackled well as discussed above and ensure that the case is settled. On the case of acquiring the loan, the company is in the best line of expansion but it calls for Mr. Martin, the Managing Director, to come up with decisive measures to ensure that the personal guarantee is workable and effective. Bibliography Anthony Russell. What is a Second Mortgage Loan? 2011. Accessed December 29, 2011. < http://ezinearticles.com/?What-is-a-Second-Mortgage-Loan?&id=2287756 > BH Consulting, Incident response best practise guide. Version 1.0, 2005. < http://whitepapers.hackerjournals.com/wp-content/uploads/2010/04/Incident- Response-Best-Practise-Guide.pdf > Calculated Risk and economics. Lawyer BoA and Case on Second Mortgages. (WEDNESDAY, APRIL 14, 2010). Retrieved December 21, 2011 China Law Blog. Why United States lawsuits against Chinese companies are trending up. (Jully 23, 2010) < http://www.chinalawblog.com/2010/07/html > Chugai legal notices, Copyright information. 2005. Accessed on December 30, 2011. < http://www.chugai-pharm.com/contact/legal.html > Competition Law and Policy. Accessed on December 30, 2011. < http://www.competitionlawyer.blogspot.com/> Comstatic, important legal notice-website liability disclaimer. Ecomtastic (UK) Ltd, ECO000. 2010. Accessed on December 29, 2011. < http://www.ecomtastic.com/Client/Resources/Website-Liability-Disclaimer.pdf > Debt Financing. Globusz Publishing, 2011. Accessed on December 25, 2011. < http://www.globusz.com/ebooks/SmallBusiness1/00000015.htm > Gateway to the European Union. Competition: A fair deal for all. 2011. Accessed on December 29, 2011. < http://europa.eu/pol/comp/index_en.htm> Ideal & Images co. Ltd. Understanding the fair competition Act. The Trade Hoard Limited. Jamaica Kingston. Justin Pritchard. Second Mortgages-Advantages and Disadvantages; How second mortgages work. 2011. Retrieved on December 30, 2011. < http://banking.about.com/od/mortgages/a/secondmortgage.htm > Peter K. Yu. Conflict of laws in international copyright cases. Gigalaw.com. (April 2001) < http://www.peteryu.com/gigalaw0401.pdf > Sam Chalmers, The Second Mortgage- What are the risks? 2011. Accessed on December 30, 2011. < http://ezinearticles.com/?The-Second-Mortgage---What-Are-The- Risks?&id=4838574> Second Mortgages – Advantages and Disadvantages. Accessed from www.about.com (2008). On December 21, 2011 TriFid Research. Disclaimer. 2011. Accessed on December 30, 2011. < http://www.trifidresearch.com/disclaimer.php > Aaron Wall and Andy Hagans. Build Link and Popularity. 2009. Accessed on December 30, 2011. < http://www.seobook.com/archives/001792.shtml > Read More