BorderFreeHealth – Terms of Sale

IMPORTANT NOTICE:
BorderFreeHealth operates as an international prescription referral and facilitation service. BorderFreeHealth does not sell, dispense, or supply medications. All medications are dispensed and sold by licensed pharmacies. By placing an order, you appoint BorderFreeHealth and participating pharmacies as your authorized agents to coordinate prescription fulfillment on your behalf.

1. Nature of Services

BorderFreeHealth Inc. (“BorderFreeHealth”, “we”, “us”, or “our”) provides administrative and coordination services to assist customers (“Customer”, “you”) in obtaining prescription and non-prescription medications (“Products”) from duly licensed pharmacies located in Canada and internationally (“Pharmacy”).

BorderFreeHealth:

  • Does not act as a pharmacy, wholesaler, or manufacturer
  • Does not take title to or possession of Products
  • Acts solely as a referral service and facilitation agent

All Products are:

  • Sold by the Pharmacy
  • Dispensed in accordance with the laws of the Pharmacy’s jurisdiction

2. Acceptance of Terms

By submitting an order (“Order”) or accepting delivery of Products, you:

  • Agree to be bound by these Terms of Sale
  • Authorize BorderFreeHealth to act on your behalf
  • Acknowledge that these Terms apply to all transactions (current and future)

If you do not agree, you must not place an Order.

3. Eligibility and Representations

You represent and warrant that:

  • You are the age of majority in your jurisdiction
  • You are legally capable of entering into binding agreements
  • All information provided is accurate, complete, and current
  • You are acting on your own behalf or are authorized to act for a dependent

If ordering on behalf of another individual, you confirm you have legal authority to do so.

4. Prescription and Medical Responsibility

No Order will be processed without a valid prescription.

You acknowledge and agree that:

  • Your prescription is issued by a licensed physician following a legitimate consultation
  • You remain under the ongoing care of your prescribing physician (“Your Physician”)
  • You are responsible for all medical decisions, monitoring, and follow-up care

BorderFreeHealth and any Pharmacy do not provide medical advice and do not replace your primary healthcare provider.

5. Authorization and Appointment of Agent (Power of Attorney)

You hereby appoint BorderFreeHealth and, where required, the Pharmacy and its representatives, as your authorized agent and attorney to act on your behalf to facilitate the procurement of Products.

This authorization includes, without limitation, the authority to:

  • Collect, use, and disclose your personal and health information
  • Transfer prescriptions and medical documentation to a Pharmacy
  • Communicate with physicians, pharmacists, and third-party service providers
  • Arrange for review of your medical information by a licensed physician (“Secondary Physician”), where required for dispensing
  • Obtain, coordinate, and facilitate the dispensing of Products
  • Arrange packaging, shipment, and delivery to your designated address

You acknowledge that:

  • A Secondary Physician, where applicable, may issue or validate a prescription based solely on your submitted information without a physical examination, where permitted by law
  • This authorization remains in effect until revoked by you in writing
  • BorderFreeHealth acts strictly as your agent and does not assume the role of seller or dispenser

6. Pharmacy Selection and Product Substitution

BorderFreeHealth may, at its sole discretion:

  • Select a licensed Pharmacy to fulfill your Order
  • Source Products from domestic or international jurisdictions
  • Substitute therapeutically equivalent Products where permitted and appropriate

All dispensing decisions are made by the Pharmacy in accordance with applicable laws and professional standards.

7. Pricing and Payment

  • Pricing is determined by the Pharmacy and/or disclosed at the time of Order acceptance
  • Prices are subject to change without notice
  • Orders are not binding until accepted by BorderFreeHealth and/or the Pharmacy

Payment terms:

  • Payment is typically required prior to processing
  • Accepted methods may include credit card or other approved methods accepted by the Pharmacy.

BorderFreeHealth may facilitate payment processing as part of its services.

8. Shipping, Title, and Risk

  • Products are shipped directly from the Pharmacy or its authorized fulfillment partners
  • Title to Products and risk of loss pass to you at the point the Products leave the Pharmacy

You acknowledge that:

  • Delivery timelines are estimates only (typically 2–4 weeks)
  • Delays may occur due to customs, carrier disruptions, regulatory review, or other factors

BorderFreeHealth is not responsible for shipping delays or delivery failures.

9. International Orders and Import Compliance

You are the importer of record and assume full responsibility for:

  • Compliance with all applicable laws and regulations in your jurisdiction
  • Payment of customs duties, taxes, and import-related fees

If you reside in the United States or another jurisdiction with import restrictions:

  • You acknowledge that importing prescription medications may violate applicable laws or regulatory positions
  • You assume all associated legal and regulatory risks

10. Returns, Cancellations, and Replacements

Due to the nature of pharmaceutical Products:

  • All sales are final once shipped

Returns are only permitted where:

  • The Product was dispensed incorrectly, or
  • The wrong Product was delivered

BorderFreeHealth or the Pharmacy may, at their sole discretion:

  • Replace Products
  • Provide refunds in limited circumstances

11. Warranties Disclaimer

All warranties are provided solely by the Product manufacturer.

To the fullest extent permitted by law:

  • BorderFreeHealth disclaims all warranties, express or implied
  • Including warranties of merchantability and fitness for a particular purpose

12. Limitation of Liability

To the maximum extent permitted by law:

BorderFreeHealth (including its affiliates, officers, directors, employees, and agents) shall not be liable for:

  • Personal injury or death
  • Loss of income, profits, or business
  • Indirect, incidental, special, or consequential damages

Total liability shall not exceed:

  • The total amount paid by you for the applicable Order

Any claim must be brought within eighteen (18) months of the event giving rise to the claim.

13. Privacy and Data Use

You consent to:

  • The collection, use, storage, and disclosure of your personal and health information
  • Electronic transmission of such information (including via internet or fax)

All data practices are governed by BorderFreeHealth’s Privacy Policy.

14. Force Majeure

BorderFreeHealth shall not be liable for delays or failures caused by events beyond its reasonable control, including:

  • Supply shortages
  • Shipping or courier disruptions
  • Customs delays
  • Natural disasters or public health events

15. Governing Law and Jurisdiction

All transactions are deemed to occur in the jurisdiction of the dispensing Pharmacy.

These Terms shall be governed by:

  • The laws of the Pharmacy’s jurisdiction

You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.

16. Entire Agreement

These Terms constitute the entire agreement between you and BorderFreeHealth and supersede all prior communications or agreements.

17. Amendments

BorderFreeHealth reserves the right to update or modify these Terms at any time. Continued use of services constitutes acceptance of any revised Terms.

18. No Modification

These Terms may not be altered except through a written agreement executed by BorderFreeHealth.

19. Contact

For inquiries regarding these Terms, please contact BorderFreeHealth through its official website.