1. Subject matter and scope
These General Terms and Conditions (GTCs) of Zoo Zürich AG (hereinafter «Zoo Zurich») govern the use of the Zoo WiFi (WLAN) by Zoo visitors.
2. Service provider
Zoo Zurich provides access to the Internet for visitors on the Zoo grounds within the scope of what it is capable of doing technically, operationally and economically. Zoo Zurich cannot guarantee data transmission quality, specific local coverage, specific transmission speeds or freedom from interruption or interference when providing its service. Visitors have no right to use the Zoo WiFi on the Zoo premises. In the event of excessive use by visitors, Zoo Zurich may limit the bandwidth for visitors or exclude them from the service. Furthermore, there is no entitlement to the use of certain services via Zoo WiFi. Zoo Zurich is entitled to block certain services or websites at any time.
Zoo WiFi is provided free of charge during Zoo Zurich opening hours.
4. Obligations and duties fo visitors
Visitors are personally responsible for the use of Zoo WiFi and the services used or content transmitted with it. Visitors are obliged to use the services of Zoo Zurich appropriately and lawfully. When using Zoo WiFi, visitors are prohibited from any actions that violate applicable law, infringe the rights of third parties, violate the principles of the protection of minors or are prohibited by these GTCs. The following actions in particular are prohibited:
- the use of content or references to third-party content (links/hyperlinks) that violate legal regulations or official orders - in particular due to pornographic, violence-glorifying or racist content or presentation.
- the infringement of ancillary copyrights (in particular trademark rights and copyrights).
- the sending of statements damaging to reputation, junk mail or mass mail (spam).
- the posting, distribution, offering and advertising of content, services and/or products that are pornographic, violate the laws for the protection of minors, data protection laws and/or other laws and/or are fraudulent.
- misuse of the service to harm or harass other Internet participants, e.g. publishing or making available content that insults or defames other participants or third parties.
- the use of peer-2-peer or similar networks or platforms for the purpose of offering, downloading, transmitting, etc. copyrighted content (e.g. music, videos, movies, e-books, etc.).
- the dissemination of viruses, trojans and other malicious files.
- using the service in a way that significantly impairs the operation of the service, e.g. by transferring above-average amounts of data.
Visitors assume responsibility for ensuring that the end device they use and the software on it are free of viruses and other malware. Visitors are also obliged to immediately delete their end device from the Zoo Zurich registration in the event of sale, theft or other loss. The deletion will be made on the basis of an email from the visitor’s phone number to firstname.lastname@example.org. All registered devices (see also Chap. 5 Registration) are deleted. If the visitors violate the aforementioned obligations, they must compensate the direct and indirect damage caused thereby.
If visitors violate any of the aforementioned duties or obligations, Zoo Zurich is entitled to block Internet access temporarily or permanently at any time or to take immediate technical measures insofar as these are necessary to ensure trouble-free operation of the service. Visitors may be excluded from using the service with immediate effect.
5. Registration/newsletter subscription
Zoo Zurich provides the Zoo WiFi without charge in the strict sense. However, in exchange for the Zoo WiFi service, by registering visitors agree to receive the Zoo Newsletter at the email address provided during registration. Consent to receiving the Zoo Newsletter can be revoked at any time by emailing email@example.com. The revocation does not change the legality of the preceding data processing. By revoking consent to receiving the Newsletter, registration for Zoo WiFi is also automatically revoked. It is not possible to register again later.
6. Data protection
7. Liability/damage indemnity
The use of the Internet services is at the sole responsibility of the visitors. Visitors are advised that the wireless Internet connection provided is not secure. Connections can be intercepted by strangers. Visitors are solely responsible for the security of their end device (by means of which they use the WiFi network). Zoo Zurich cannot be held responsible for any damage caused by the use of the service.
To the extent admissible by law, Zoo Zurich excludes liability for itself, its auxiliary persons and for commissioned third parties. Liability for slight negligence and auxiliary persons is excluded in any case. Legal liability in case of injury to life, body or health remains reserved. Liability under the Product Liability Act (Produktehaftpflichtgesetz) is also reserved. Furthermore, Zoo Zurich shall not be liable in the event of force majeure, for consequential damages and loss of profit.
The visitors shall indemnify Zoo Zurich against all claims asserted by third parties against Zoo Zurich due to a violation by the visitors of statutory provisions, third party rights (in particular personal rights, copyrights and trademark rights), these GTCs or other contractual obligations, guarantees or warranties of the visitors when using Zoo WiFi, including the costs of the necessary legal defense (attorney's fees and court costs). In the event that claims are asserted by third parties, visitors are obligated to cooperate immediately and completely in clarifying the facts and to provide Zoo Zurich with the necessary information in a suitable manner.
Zoo Zurich is also entitled to charge visitors for all costs incurred as a result of improper or inappropriate use of the installed facilities or the subject matter of the contract.
8. Involvement of third parties
Zoo Zurich may at any time engage third parties to provide its services. Zoo Zurich remains responsible for compliance with the contractual agreements and legal requirements.
9. Severability clause
If individual provisions of these GTCs prove to be invalid or illegal, this shall not affect the validity of the GTCs. In this case, the provision in question shall be replaced by a valid provision that is as economically equivalent as possible.
10. applicable law and jurisdiction
Swiss law is exclusively applicable to the contractual relationship. The courts of the city of Zurich have exclusive jurisdiction.
11. Updating the gtcs
Zoo Zurich reserves the right to change the GTCs at any time. The visitors will be informed about the change to the GTCs in an appropriate way. The current version of these GTCs applies and will be made available to visitors upon registration for Zoo WiFi. The last adjustment made to the present General Terms and Conditions Zoo WiFi is dated 21.12.2022.