Safety, Navigation & Limitation of Liability
The following additional terms apply specifically to your use of Marco's walking tour features. These terms supplement the general terms above.
1. Nature of the Service
Marco provides self-guided audio walking tour content for informational and entertainment purposes only. Tour routes, walking directions, and navigational guidance provided through the Application (whether via audio narration, on-screen maps, or text) are suggestions only and do not constitute instructions, commands, or professional navigation advice.
Marco is not a real-time navigation service. Routes are prepared in advance and may not reflect current conditions including, without limitation, road closures, construction, diversions, changes to pedestrian access, or temporary hazards.
2. Your Responsibility for Personal Safety
You are solely responsible for your own safety at all times while using Marco.
When using the Application, you must:
- Remain aware of your surroundings at all times, including traffic, other pedestrians, cyclists, road conditions, and environmental hazards;
- Exercise independent judgment before crossing any road, intersection, or junction — you must observe traffic signals, look for oncoming vehicles, and cross only when it is safe to do so, regardless of any audio or on-screen directions;
- Maintain situational awareness when wearing headphones or earbuds — if you cannot safely hear approaching traffic or other hazards, you must pause playback, remove one or both earbuds, or reduce volume before proceeding;
- Assess the safety of any route or path before following it, taking into account your own physical abilities, the time of day, weather conditions, lighting, surface conditions, and any other relevant factors;
- Not use the Application while operating a vehicle, bicycle, e-scooter, or any other form of transport;
- Comply with all local laws, traffic regulations, and posted signage in the jurisdiction where you are using the Application.
3. Assumption of Risk
By using Marco to undertake a walking tour, you acknowledge and accept that:
- Walking in urban environments involves inherent risks including, without limitation, the risk of road traffic accidents, trips, slips, falls, uneven or damaged surfaces, obstacles, inclement weather, poor visibility, and exposure to crime;
- These risks cannot be eliminated by Marco and exist regardless of any directions, routes, or guidance provided through the Application;
- You voluntarily assume all such risks associated with your use of the Application and your decision to follow any route or direction suggested by the Application;
- Tour routes may pass through areas that are unfamiliar to you, and you are responsible for exercising appropriate caution and vigilance in such areas;
- Conditions along tour routes may change without notice, and Marco has no obligation to monitor, update, or warn you of changed conditions in real time.
4. Limitation of Liability
To the fullest extent permitted by applicable law:
- Marco, its officers, directors, employees, agents, and affiliates shall not be liable for any loss, damage, injury, illness, or death arising from or in connection with:
- Your use of the Application, including following any route, direction, or navigational guidance;
- Road traffic accidents, collisions, trips, slips, falls, or any other physical injury sustained while using the Application;
- Theft, robbery, assault, harassment, or any other criminal or tortious act committed by third parties;
- Hazardous conditions along any tour route, including but not limited to construction, road works, uneven surfaces, environmental hazards, adverse weather, flooding, or poor lighting;
- Your use of headphones or earbuds in a manner that impairs your ability to hear traffic, warnings, or other hazards;
- Any inaccuracy, error, or omission in route information, directions, map data, or tour content;
- The unavailability, interruption, or malfunction of GPS, location services, or geo-fencing features;
- Any medical condition exacerbated by physical activity involved in walking a tour route.
- In no event shall Marco's total aggregate liability to you for any and all claims arising from or related to the Application exceed the amount actually paid by you to Marco for the specific tour or subscription giving rise to the claim, or Ten British Pounds Sterling (GBP 10.00), whichever is greater.
- Nothing in these terms excludes or limits liability for: (i) death or personal injury caused by Marco's proven negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability that cannot be excluded or limited under applicable mandatory law, including mandatory consumer protection laws of the European Union.
5. No Warranty on Route Safety
Tour routes are provided on an "as is" and "as available" basis. Marco makes no warranty, representation, or guarantee, whether express or implied, that:
- Any tour route is safe, suitable, accessible, or free from hazards;
- Route information, directions, or maps are accurate, current, or complete;
- Tour routes comply with local accessibility requirements or are suitable for persons with reduced mobility;
- Any particular stop, waypoint, or point of interest will be open, accessible, or available when you arrive.
6. Indemnification
You agree to indemnify, defend, and hold harmless Marco, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of the Application;
- Your breach of these Terms;
- Your violation of any applicable law or regulation while using the Application;
- Any claim by a third party arising from your conduct during a tour, including any injury, damage, or loss caused to third parties.
7. Medical Fitness
Walking tours involve sustained physical activity over varying terrain and distances. You are responsible for assessing your own fitness to undertake a tour. If you have any medical condition that may be affected by walking, standing for extended periods, or exposure to outdoor conditions, you should consult a medical professional before using the Application. Marco accepts no responsibility for any adverse health effects arising from your participation in a tour.
8. Minors
The Application is intended for users aged 16 and over. Users under the age of 16 must be accompanied and supervised by a parent or legal guardian at all times during any tour. The accompanying adult assumes full responsibility for the minor's safety. Marco does not knowingly collect personal data from users under 16 years of age.
9. Geo-Fencing and Automatic Audio Playback
The Application uses GPS-based geo-fencing to automatically trigger audio playback when you enter the vicinity of a tour stop. You acknowledge that:
- Geo-fence detection depends on your device's GPS accuracy and may trigger audio earlier or later than expected, or not at all;
- Automatic audio playback is a convenience feature and does not indicate that you have arrived at a safe or appropriate location to stop, listen, or look at a point of interest;
- You must not rely on geo-fence triggers as navigation cues — always verify your position visually and exercise independent judgment about when and where it is safe to stop.