Terms of Service

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MANAGE MY TRIP

Simplybeachfront.com/.ca and Waterfront West's Terms of Service / Use


Last Updated Oct, 2015

Welcome to Simply Beachfront,  a website owned by Waterfront West Real Estate. By accessing information or registering on our Site www.simplybeachfront.com &/or www.simplybeachfront.ca, you are solely liable for your conduct on this Site and any information you upload, download or transmit to or from this Site.

By using this Site, you agree to hold harmless and indemnify Waterfront West Real Estate from any claim, action, demand, loss or damages incurred by any third party arising out of your conduct or violation of these terms of use, or violation of the rights of a third party. You agree that all information you have provided to us on this Site or to our office is true and accurate and that you have not made any attempt to deceive Waterfront West, nor the Users of this site."). If you do not fully agree to these Terms, you may not access or otherwise use the Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Waterfront West Real Estate, www.simplybeachfront.com ("Waterfront West," "we", "us" or "our").

Waterfront West/Simply Beachfront reserves the right to cancel or terminate your access to and use of this Site at any time without notice if we have reason to believe that you have provided false information to this site or are using it with malicious intent. You (the "User") signify that you have read, understand and agree to be legally bound by these terms of use. This Site is only available to Users 19 years of age and older and by registering on this Site or viewing it, you represent that you are 19 years of age or older and agree to be bound by these terms of use. These terms of use are separate from and do not alter any other written agreement you have with Waterfront West Real Estate regarding other products or services.

We reserve the right to make modifications to our terms of use at any time. If we make any changes to our terms of use, we will update the effective date listed above. We encourage you to check the date of our terms of use to see if there has been an update since your last visit.

If you do not agree to our terms of use or other policies and guidelines outlined on our Site, please do not use our Site. You may contact us with further questions at This email address is being protected from spambots. You need JavaScript enabled to view it.

A.) Simply Beachfront Services

SimplyBeachfront.com/.ca provides a marketplace for advertising waterfront accommodations available for booking around the world as well as the other tourism operators and providers. We provide resources to inform our users and keep them up to date with changes and news about the waterfront tourist industry. In addition, we are partnered with EAN (Expedia Affiliate Network) as an affiliate provider.

 

The Simply Beachfront website  displays the accommodation and service/activity information provided in good faith. Simply Beachfront/Waterfront West Real Estate has not inspected the listed accommodations and or advertised services/activities to ensure the information is accurate and up-to-date. The description and details provided in Simply Beachfront web site in relation to each listing/advertisement are based entirely upon the information supplied by the lessor and/or advertiser. 

Furthermore Simply Beachfront/Waterfront West Real Estate is not a booking agency and takes no part whatsoever in the process of reservation, booking or payment of the accommodations and or services/activities listed on the Simply Beachfront web site. Once the Simply Beachfront website  visitor identifies the holiday accommodation and or the services/activities, the web site visitor will be enabled to contact the lessor of the accommodation and or advertiser of the service/activity directly, or is directed to EAN (Expedia Affiliate Netwrok) for booking. Bookings and reservations are communicated, booked and paid directly with/to the lessor/advertiser or via Expedia.


It is therefore that Simply Beachfront/Waterfront West Real Estate cannot be held responsible or liable for the accuracy of the listings/advertisements, nor for the observance/non observance of  any  (contractual and non contractual) obligation(s) between the lessor/advertiser and the Simply Beachfront/Waterfront West Real Estate website  visitor.

Simply Beachfront is an advertising service. Simply Beachfront does not engage directly in accommodation booking services and we are not licensed to carry out such services. Accommodation booking and all related activities are carried out exclusively by the accommodation owner or management or service provider representing the accommodation or service, or through the Expedia Affiliate Network network as advertised on our site. Waterfront West receives advertising fees in exchange for promotion of accommodation and tourist services on our Site. In addition, we receive a small payment from Expedia for any reservations referred through our site to the TravelNow EAN network website or call centre. Waterfront West’s payment is governed by the terms agreed upon between Waterfront West and the advertiser (vacation rental owners/manager, B&B owner/manager, hotel or resort booking management or houseboat/yacht charter company), or through our agreement with Expedia Affiliate Network.

Simply Beachfront does not endorse, sponsor nor recommend any accommodation, rental or service provider who advertises or offers services through this Site. We do not and cannot warrant that any accommodation or service provider who advertises on our Site is licensed, capable or qualified of performing any service they advertise. We also do not make any assurance regarding the timeliness or accuracy or the advertisements on this Site or guarantee the accuracy of any further communications with advertisers on our Site. Furthermore, we make our best attempt to collect accurate statistical information regarding the tourism market, but make no assurance of the accuracy of information provided by outside sources. Users are required to make their own judgment and decisions regarding the merits of any individual, business or service advertised or represented on the Site or by Simply Beachfront.

B.) Obligations of Simply Beachfront Users

As a user of www.simplybeachfront.ca or www.simplybeachfront.com , if you make e-mail contact or otherwise with any advertiser on this Site (for example, if you use our forms to get more information or send to a friend, etc..), you hereby give permission to Waterfront West Real Estate to view or hear any recorded information involved in these communications.

When you complete registration with Simply Beachfront for our Newsletter or advertising, you, as a potential traveler, booking manager, marketing representative, vacation rental or B&B owner, yacht or houseboat charter provider or service provider agree that:

  1. You are of legal age and capable of forming a binding contract;
  2. You are interested in booking and/or renting waterfront accommodation or services related to waterfront tourism;
  3. You agree to be contacted by phone, e-mail or fax regarding your use of Waterfront West/Simply Beachfront if we deem it pertinent to do so;
  4. You agree that you will not misuse the information provided on our Site to contact our advertisers and that you will not use contact information to sell, solicit, spam or otherwise offer goods or services to our advertisers;
  5. You agree, if requested, to provide Waterfront West/Simply Beachfront with a copy of your accommodation booking forms/transactions and/or settlement if you book accommodation advertised or use the services of an advertiser on this Site;
  6. You acknowledge that Waterfront West does not make any representations or warranties about any accommodation provider advertising on this Site and that we recommend your independent use of any agencies to verify the status of any advertisers license or business practices;
  7. You are not required to accept any proposals submitted by other Waterfront West/Simply Beachfront Users. Proposals are not binding offers and they are not intended to create a binding legal agreement between you and the advertiser.
  8. You agree that as a seller/advertiser on our site, we reserve the right to restrict your access to the "Property Management" section of our Web site should you attempt to add photos and/or features to your advertisement/s which you have not purchased and paid for in full.
  9. By providing Waterfront West/Simply Beachfront with content for their ads, our advertisers take full responsibility to ensure that all contents of their ad, including, but not limited to text, digital images, organization, digital conversion, graphic and other files are either Copyright free or owned by the advertiser. By advertising on Waterfront West/Simply Beachfront, the advertiser agrees to accept responsibility and liability for any action taken against them or Waterfront West/Simply Beachfront regarding breach of copyright law.
  10. You acknowledge that when you submit an inquiry to one of our advertisers using the booking inquiry form, your email is sent directly to the advertiser as well as copied to Waterfront West/Simply Beachfront. Your email address will not be resold or redistributed to anyone else other than the advertiser to whom it was directed and Waterfront West/Simply Beachfront. The cc serves mainly as a backup in case the advertiser does not receive it due to mechanical or human error (junk mail filters/incorrect email addresses).
  11. You acknowledge that you are aware if and agree to terms of our disclaimer (located at the bottom of each property page) regarding your room type, waterfront description and room location. You agree to understanding and agreeing to our definition of beachfront as listed below:

"When we first came up with the concept of Simply Beachfront, the goal was to be able to find beachfront accommodations easily; however, we quickly realized that travelers wanted to find waterfront hotels in big cities and other areas where the typical "beach" was not available.

In addition to the seawall settings (without a classic "beach") that are enjoyed by city or other types of waterfront properties, our travelers are equally interested in properties that may be set on a craggyhigh-bank cliff or in a marina setting. Rather than exclude these types of waterfront properties from our site, we have added another layer of "beach" description. This allows travelers to quickly find the waterfront properties in large centres and places where the typical beach might not be available, while still clarifying the type of waterfront setting they will be able to enjoy.

So, be it sitting with a coffee on the seawall in Vancouver, enjoying a spectacluar view from a high bank waterfront bluff or lounging with a margarita on a sandy beach it's now simple to find your perfect waterfront getaway.

Our definition of a beach follows the description below taken from Dictionary.com. 

Beach (beech) Noun.

An expanse of sand or pebbles along a shore.

The part of the shore of an ocean, sea, large river, lake, etc., washed by the tide or waves.

The area adjacent to the shore: We're vacationing at the beach."

 

  1. We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the advertisement for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.

    a.) If, in our sole discretion, any member submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member's property from the Site without refund.

    b.) If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our sole discretion, warrants the immediate removal of such member's allegedly offensive listing from the Site (for example, and without limitation, if a member double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered unfair within the accommodation industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive listing from the site without notice to the member and without refund.

    c.) If any member is in breach of these Terms or its obligations to us then we may immediately remove such member's listing from the Site without notice to the member and without refund.
  2. Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Each member further represents and covenants that any information submitted to the Site during such member's registration with the Site shall be true and correct. Member further agrees to provide notice to the Site by completing the Web from at This email address is being protected from spambots. You need JavaScript enabled to view it. regarding any updates to any such contact information previously submitted by member to the Site. Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.
  3. Waterfront West strives to make sure that reviewers are provinding a truthful and verifiable account of their stay at the establishments and that they are not in any way affiliated with the establishment they are reviewing. By entering reviews or comments in the "Guest Reviews" tab of each establishment on this site, you confirm that you do not have any personal or business relationship with the owners or employees of the establishment and that you are not employed by the establishment and are not related to anyone there. Furthermore, when you enter a review, you agree to accept all resposibility and liability for any and all actions that may be taken against you as a result of the comments or review made.
  4. You agree to our refund poilcy as listed below.

Users are strictly prohibited from and shall not attempt to gain unauthorized access to Waterfront West/Simply Beachfront's database or any computer systems used in connection with the Site, nor attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any database or software programs used by or in connection with Waterfront West/Simply Beachfront's or the Site. Furthermore, users shall not participate in any activity that disrupts, diminishes the performance of, interrupts or impairs the functionality of the Site or Waterfront West's services, and shall not use any portion of this Site for unlawful purposes.

C.) User Account & Password

Once you are registered with Waterfront West/Simply Beachfront, you agree to maintain complete responsibility for confidentiality and use of your account information including password and username. You are completely responsible for all activities that occur related to your account and agree to notify Waterfront West immediately in the case of misuse or security breaches related to your account.

EACH USER ACKNOWLEDGES AND AGREES THAT: (1.) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may suspend or cancel your listing at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.

D.) Link to Third Party Sites

Linked sites that you will find on this Site are not the responsibility or under the control of Waterfront West. Waterfront West is not responsible for the contents, services, transmissions, software or web casts provided on any linked site or any site that is linked to a linked site. Waterfront West provides these links only as additional information and does not endorse these sites, or their contents. We are not responsible for any acts or omissions of these sites and do not make any warranties regarding the security of your information (including credit card and personal information) collected on these sites. You are responsible for investigating any third party site or content before proceeding with any transactions and we hereby waive any claims made against us with regards to these issues.

E.) Idea Submission

If you choose to send Waterfront West any creative materials, questions, ideas, suggestions, notes, or drawings in the form of e-mail or postings on this Site, you agree that these are non-confidential and waive all intellectual proprietary rights to these materials. Waterfront West may own exclusive rights to and unrestricted use of these materials without compensation to you, for commercial or other use. The submission of materials to Waterfront West, in any form, waives any moral rights to this property.

F.) Monitoring & Editing

Waterfront West reserves the right to monitor, edit or remove any and all content on and determine any operating rules for this Site. By using this site, you agree that Waterfront West has the right to modify, edit, remove or reorganize any material that is posted by you or any other party on this Site at any time.

G.) Proprietary Rights

Copyrights: All contents of this Site, including, but not limited to text, digital images, organization, digital conversion, graphic and other files are either Copyright Waterfront West, or copyright any of Waterfront West's suppliers or subcontractors or advertisers. Copying, modification, distribution, posting, transmission, use or publication in any form of any content on this Site prior without written permission from Waterfront West is strictly prohibited. All rights reserved.

Trademarks: Waterfront West/Simply Beachfront is currently in the process of applying for a trademark. Waterfront West, www.waterfrontwest.ca, www.waterfrontwest.com, www.simplybeachfront.com, www.simplybeachfront.ca and the Simply Beachfront and/or Waterfront West logo may not be copied, imitated or used, in whole or in part, without prior written permission from Waterfront West.

H.) Privacy

Waterfront West/Simply Beachfront has established a privacy policy to explain our use of personal and demographic information we collect. By agreeing to these terms of use, you acknowledge that you have read, understand and agree to our privacy policy.

I.) Indemnification

The User agrees to hold unaccountable, defend and indemnify Waterfront West Real Estate, its affiliates and their respective proprietors, directors and employees against all claims and expenses including attorneys fees, arising out of the use of this Site by the User or the use of the Users account.

J.) Disclaimer of Warranty

The User agrees that the use of Waterfront West/Simply Beachfront’s Web Site is at the Users sole risk. Waterfront West, its employees, affiliates, proprietor and third party contributors do not warrant that this Site is error free or will be uninterrupted. Furthermore, they do not make any warranty as to the accuracy, reliability or results obtained from use of information or services provided on this website. Waterfront West is not responsible for typographical errors or omissions or misrepresentations in text, photography or pricing on this Site. This web site is provided without warranties of any kind, either expressed or implied.

WHILE Waterfront West/Simply Beachfront ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THIS SITE IS SAFE AND VIRUS FREE, WE CANNOT WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE ELEMENTS. USE OF Waterfront West/Simply Beachfront's SERVICES IS AT YOUR OWN RISK.

K.) Limitation of Liability

Waterfront West/Simply Beachfront, it's proprietor, employees and its suppliers, subcontractors, affiliates and / or their employees are not liable for any direct, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PRODUCTS, SERVICES OR INFORMATION OBTAINED THROUGH THE USE OF THIS WEB SITE OR ANY OF WATERFRONT WEST'S ADVERTISERS. Waterfront West/Simply Beachfront disclaims any liability for damages or injury cause by failure of performance, deletion, defect, delay in operation, communication line failure, theft or destruction, alteration or use of record, negligence, tortuous behaviour, unauthorized access or any other action of users of this site. THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT APPLY TO ALL CONTENT ON THE SITE. User acknowledges that Waterfront West/Simply Beachfront is not liable for illegal or offensive conduct of other users or third parties and that they take full responsibility for risk of injury from the aforementioned causes.

L.) Errors and Delays, Disagreements

Waterfront West/Simply Beachfront., it's proprietor and/or employees are not responsible for any errors or delays on the part of our advertisers in responding to email inquiries or phone calls, or any delays related to the User providing us with incorrect e-mail or contact information. Furthermore, Waterfront West is not involved in any monetary transactions between the Users of this site and its advertisers:  Waterfront West, it's proprietor and/or employees are not responsible for any  disagreements, booking errors or monetary disagreements between users of the site and accommodation providers advertising on our site. By using this site, you agree to take full responsibility for any monetary transactions and bookings made through accommodation providers on our site. We are not responsible for other technical problems beyond our control.

M.) Force Majeure

Waterfront West/Simply Beachfront, its proprietor and employees are not responsible for any failures or delays in performance due to circumstances beyond its control such as Acts of God, war, riots, acts of aggression (Civil or Military), fire, floods, outages, accidents or service outages resulting from software failure, telecommunications breakdowns, network failures, failure of third party services including providers of internet services. The party affected shall notify the other party a maximum of 15 days from the occurrence, at which point the performance agreement shall be suspended.

N.) . IN NO EVENT WILL THE SITE, www.simplybeachfront.com , OUR PARENT (Waterfront West Real Estate), SUBSIDIARIES, AFFILIATES, OFFICERS, OWNERS< DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF Waterfront West Real Estate, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00 IN THE AGGREGATE.

O.) Refund Policy:

Please note that similar to other advertising companies, amounts paid for advertising properties and banner sponsorship on www.simplybeachfront.com are non-refundable.  Furthermore, if you have purchased a package which includes “Feature Property” advertising and you opt to take your property off of Simply Beachfront's Web Site before the contract advertising period has finished, Waterfront West/Simply Beachfront will not refund any or part of the amounts paid. This policy applies to all advertising on www.simplybeachfront.com.

All rights not expressly granted herein are reserved. Simply Beachfront/Waterfront West Real Estate 2015.