1. Subject matter, applicability
1.1. These terms of service detail the rights and obligations of VDE Services GmbH, Merianstrasse 28, 63069 Offenbach am Main, Germany ('VDE') and visitors to the business premises of VDE Verband der Elektrotechnik Elektronik Informationstechnik e.V. and its affiliated enterprises ('users') in connection with the use of the VDE guest Wi-Fi ('VDEGAST').
1.2. The use of VDEGAST is permitted exclusively in accordance with the following terms of service. Terms and conditions of users that diverge from these terms of service shall not be recognised unless VDE has expressly consented to their validity in writing.
2. Services
2.1. VDE provide access to the internet free of charge via Wi-Fi on the business premises of VDE e.V. and its affiliated enterprises.
2.2. Wi-Fi access shall be provided on the basis of the respective technical and operational options available to VDE. There shall be no entitlement to functional Wi-Fi or for any specific location to be covered by the Wi-Fi. Furthermore, there shall be no entitlement to the availability of any specific bandwidths or download/upload speeds or the ability to use specific services via the Wi-Fi.
2.3. VDE cannot guarantee that the Wi-Fi can be used without any risk of errors or interruption.
2.4. There shall be no entitlement to the use of the Wi-Fi. VDE reserves the right to modify, restrict or terminate access to Wi-Fi at any time (particularly if technical repairs and maintenance are required as well as for legal or security reasons) and will not be required to provide justification for doing so.
2.5. The wireless transfer of data between the Wi-Fi and user devices will not be encrypted. The possibility of third parties gaining unauthorised access to data being transferred via the Wi-Fi therefore cannot be ruled out. Users are responsible for their own encryption and should employ suitable security software (e.g. VPN software).
3. Access and use
3.1. VDEGAST is a non-publicly-accessible telecommunications service.
3.2. It is intended to be used only by adults with legal capacity.
3.3. Before using the service, users are required to register using the access details provided by VDE, to accept these terms of service (meaning the version thereof that is valid at the time of registration for the Wi-Fi) and to confirm that they have read and understood the privacy notice. The terms of service and the privacy notice can be accessed at any time via WiFi Conditions.
4. User obligations
4.1. Users are required to comply with the applicable laws and statutory regulations when using the Wi-Fi. In particular, users shall observe the applicable copyrights, trademarks, patents, name rights and identification rights as well as other commercial intellectual property and personality rights of third parties.
4.2. Users are required to keep access data confidential and not to make them accessible to third parties.
4.3. Users shall themselves be responsible for ensuring the protection of their own systems, such as by configuring the security setting for their software appropriately, e.g. personal firewalls, virus scanners etc.
4.4. The Wi-Fi shall not be used improperly; in particular, the unsolicited sending of messages or information to third parties for advertising purposes (spamming) is prohibited. Furthermore, the Wi-Fi shall not be used for attempts to gain unauthorized access to information and data or to data networks or for the transmission of executables (such as spyware etc.).
4.5. Information with illegal or offensive content shall not be disseminated. This includes information that qualifies as incitement to hatred, provides instructions for criminal activity, glorifies or trivialises violence, is sexually explicit or pornographic or could cause serious moral harm to children or young people or impair their well-being.
4.6. In addition, and irrespective of any infringement of the law, any action that could impair the smooth operation of the Wi-Fi, especially by placing undue strain on the VDE systems, shall be prohibited; for example:
- persistently transferring very large quantities of data
- using the Wi-Fi to host a web server or other server
- tampering with the components of the Wi-Fi network
- spreading viruses, trojans and other malware
4.7. Users shall, upon first demand, indemnify VDE against all obligations and entitlements asserted by third parties on the basis of any infringement by users of statutory regulations, third-party rights or these terms of service, including the necessary appropriate legal expenses.
5. Limitations of liability
5.1. VDE shall be liable to users in all cases of contractual and non-contractual liability in the event of intent or gross negligence in accordance with the statutory requirements.
5.2. In other cases, VDE – unless stipulated otherwise in section 5.3 – will be liable only in the event of violation of a contractual obligation, the fulfilment of which is a prerequisite for enabling the proper performance of the contract and for which users may regularly trust that these obligations will be complied with (cardinal obligations), and only for compensation for foreseeable and typical damages. In all other cases, VDE shall be exempt from liability, subject to the provisions of section 5.3.
5.3. VDE's liability for damages arising from loss of life, bodily injury or damage to health and in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the limitations and exemptions of liability.
5.4. The restrictions in sections 5.2 and 5.3 shall also apply to the benefit of the statutory representatives and vicarious agents of VDE if claims are asserted directly against them.
6. Privacy
6.1. Personal data will be processed for the purpose of providing the contractual service in compliance with the applicable privacy laws.
6.2. Further information on privacy, particularly the rights of data subjects, can be found in our privacy notice Data Protection Notice.
7. Final provisions
7.1 Users shall not assign or transfer their rights or obligations arising from these terms of service without the prior written consent of VDE. VDE may also assign or transfer its rights and obligations to its affiliated enterprises (as defined in sections 15 et seq. of the German Stock Corporation Act, or AktG) without the consent of users provided that VDE informs the users of this in advance.
7.2. These terms of service and any legal disputes or claims arising from or in connection with them shall be governed by the laws of the Federal Republic of Germany.
7.3. Should any provisions of these terms of service be or become partially or wholly invalid, unenforceable or unlawful, the remaining provisions shall not be affected.
