Terms of Service
Last Updated: October 24, 2023
Please read these terms carefully before using our services. Your use of Oceanside Vacation Getaways indicates your acceptance of these conditions.
IMPORTANT LEGAL DISCLOSURE — PLEASE READ CAREFULLY
These Terms of Service constitute a legally binding agreement between you and SDH Properties S. de R.L. de C.V. (Oceanside Vacation Getaways). By accessing this website, submitting an inquiry, or participating in the OVG Fractional Co-Ownership Program, you agree to be bound by these Terms in their entirety.
REAL ESTATE TRANSACTIONS INVOLVING FRACTIONAL CO-OWNERSHIP IN MEXICO ARE SUBJECT TO MEXICAN FEDERAL AND STATE LAW, INCLUDING REGULATIONS GOVERNING THE FIDEICOMISO (BANK TRUST) STRUCTURE REQUIRED FOR FOREIGN OWNERSHIP OF REAL ESTATE IN RESTRICTED ZONES. OWNERSHIP INTERESTS ARE HELD THROUGH A MEXICAN BANK TRUST AND ARE NOT EQUIVALENT TO DIRECT TITLE OWNERSHIP AS DEFINED UNDER U.S. OR CANADIAN LAW.
FRACTIONAL CO-OWNERSHIP INTERESTS ARE NOT TIMESHARES AND ARE NOT REGULATED UNDER TIMESHARE LAWS. THEY CONSTITUTE A DEEDED REAL PROPERTY INTEREST AND CARRY THE ASSOCIATED LEGAL OBLIGATIONS, INCLUDING CLOSING COSTS, ANNUAL OPERATING EXPENSES, AND POTENTIAL EXPOSURE TO PROPERTY TAX AND CAPITAL GAINS OBLIGATIONS UNDER MEXICAN LAW.
Nothing on this website or in these Terms constitutes legal, tax, or financial advice. Prospective purchasers are strongly encouraged to retain independent legal counsel and a qualified tax advisor in both their home country and Mexico prior to entering into any purchase agreement.
Appreciation in value is not guaranteed. Real estate markets fluctuate and past performance in Baja California Sur does not guarantee future results. All ownership structures, pricing, availability, financing, and program terms are subject to change without notice and are governed by the applicable legal documents executed at closing.
1. Acceptance of Terms
By accessing and using the Oceanside Vacation Getaways website and services, you agree to be bound by these Terms of Service. If you do not agree to all of these terms, do not use our services. These terms apply to all visitors, users, and others who access or use the service.
2. Description of Services
Oceanside Vacation Getaways provides a platform for fractional co-ownership of luxury real estate properties in Baja California. Our services include property listings, investment documentation facilitation, and ownership management tools.
3. User Accounts
To access certain features of our platform, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.
4. Privacy Policy
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.
5. Investment Risks
Real estate investment involves significant risks. Fractional ownership is subject to market fluctuations, legal changes in foreign jurisdictions, and property-specific risks. Oceanside Vacation Getaways does not guarantee investment returns or future property valuations.
6. Compliance with Laws
Users are responsible for complying with all applicable local, state, and international laws related to property ownership and investment, including tax obligations in both their home country and Mexico.
7. Intellectual Property
All content on this site, including text, graphics, logos, and images, is the property of Oceanside Vacation Getaways or its content suppliers and is protected by international copyright laws. Unauthorized use of any material is strictly prohibited.
8. Prohibited Conduct
You agree not to use the service for any unlawful purpose or in any way that interrupts, damages, or impairs the service. This includes transmitting malware, spamming, or attempting to gain unauthorized access to our systems.
9. Payments and Fees
Details regarding purchase prices, platform fees, and management costs are provided in specific property offering documents. All payments must be made through our approved payment channels.
10. Termination of Use
We reserve the right to terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
11. Limitation of Liability
In no event shall Oceanside Vacation Getaways be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your access to or use of the services.
12. Indemnification
You agree to indemnify and hold Oceanside Vacation Getaways harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these terms or your use of the services.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of Mexico, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of significant changes by posting the new terms on the site.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
16. Contact Information
If you have any questions about these Terms, please contact us at hola@oceansidevg.com or through our contact page.