Terms & Conditions
Acceptance of Terms
Welcome to the MEDISCA website. By purchasing the products and/or using the services on this website, you agree to the Terms & Conditions herein which govern the use of this website.
“MEDISCA” refers to MEDISCA Inc. and its affiliates MEDISCA Pharmaceutique Inc., MEDISCA Call Center, MEDISCA Network Inc., MEDISCA Australia Pty Ltd.
“Customer” or “Customers” refers to authorized users of this website as determined by “MEDISCA.”
“Authorized User” or “Authorized Users” of this website include retail pharmacists, recognized wholesalers and retailers of pharmaceutical goods and services.
“Products” include, but may not be limited to, chemicals in the form of active pharmaceutical ingredients, which includes narcotics and controlled substances, and excipients, electromechanical equipment, reusableand disposable devices, and training programs.
“Services” include, but may not be limited to, technical support services in the form of online formulations, customized formulations and technical questions and answers
Account Registration Requirements
Upon registering with MEDISCA, MEDISCA will grant authorization to use this website and issue the Customer a username and password.
Customers hereby agree to be responsible for maintaining confidential their username and password. Customers
hereby agree to notify MEDISCA in the event their username and password are stolen or misplaced or become
aware of any unauthorized use or aware of any security breach, as it pertains to their username and password.
MEDISCA cannot be held responsible for any loss or damage arising from the failure to comply with this
provision or for any unauthorized use of the Customer’s username and password or other Customer confidential
information.
Licensed Health Professional
As an Authorized User of this username and password, whether individual or corporate, the Customer
hereby declares that they are a duly-licensed healthcare professional with all rights and privileges
pertaining to the products and services made available on this website. Customer will at all times act
in accordance with the legal and professional standards applicable to any Products or Services obtained
from MEDISCA.
Terms & Conditions of Acceptance
MEDISCA reserves the right to change or amend these Terms & Conditions without notice and will not be liable
for any losses caused as a result of these changes. MEDISCA reserves the right, at its sole discretion,
to limit, suspend or terminate any transactions, pending or ordered, with any User or Customer.
Proprietary Rights of the Products and Services
MEDISCA has expended substantial resources to ensure the high quality of its chemical product line, which
includes, but is not limited to, active pharmaceutical ingredients, which includes narcotics and controlled
substances, and excipients. The Customer agrees that said Products will be used for lawful, duly regulated
pharmacy compounding practices, and that any other use of said Products may result in the suspension or
cessation of further sales at MEDISCA’s sole discretion.
MEDISCA has expended substantial time, effort and financial resources to prepare its Products and Services.
The Customer agrees that MEDISCA is the exclusive owner of its Products and Services some of which include,
but are not limited to, information, data, databases, images, programs, courses, workbooks, manuals,
documents, formulae and other content, and that any dissemination, publication, or copying of said Products
and Services, without the express written consent of MEDISCA, is strictly prohibited.
MEDISCA has taken significant measures and invested significant resources to protect its property, under the
law, by applying trademarks and copyright to its Products and Services, and by maintaining confidentiality
and other notifications attached thereto. No trademarked or copyrighted material or any other proprietary
content or intellectual property of MEDISCA may be performed, distributed, downloaded, modified, reused,
reproduced, reposted, retransmitted, disseminated, sold, published, broadcasted or circulated or otherwise
used in any way whatsoever without the express written permission of MEDISCA.
It is strictly forbidden to use the name MEDISCA, or its official logo, or any other specific
MEDISCA-identifiable material for the purposes of business development and marketing without the
express written consent of MEDISCA. MEDISCA reserves the right to restrict any other unauthorized use
of its name without express written consent.
With respect to the above mentioned Terms & Conditions related to the Proprietary Rights of the Products
and Services of MEDISCA, any violation of said Terms & Conditions is prosecutable under the law, in addition
to being subject to civil compensatory and punitive damages.
Customer agrees that they will not disclose to any third party, nor use in any non-authorized manner,
any documentation in connection with the performance of these Terms & Conditions. Equally, Customer
shall inform its employees, agents, and representatives of these obligations and shall require said
employees, agents, and representatives to ensure the same adherence to these obligations.
Dispute Resolution
The Customer agrees to resolve any dispute relating to the Terms & Conditions of sale of products and
services by arbitration before an arbitrator of the American Arbitration Association in New York City.
In the event of a dispute, the Terms & Conditions of sale of product and services shall be governed and
determined by the laws of the State of New York for American Customers, in Montreal, Quebec for Canadian
Customers, and the State of New South Wales for Australian Customers.
Privacy Policies
MEDISCA agrees to not disclose any Customer proprietary information unless obligated to do so under the law.
Customer acknowledges that MEDISCA is obligated under the law to issue to regulatory authorities Customer
information pertaining to purchase history and total dollar value purchased per year, as well as to respond
to subpoenas and any other legal and valid requests for information from the Government.
Termination of Account
MEDISCA reserves the right, at any time, at its sole discretion, to suspend or terminate this website or any
products or services provided therein. The Customer agrees that in the event of a suspension or termination
of product and/or service, MEDISCA shall not be held liable for any damages resulting from said suspension
and/or termination.
Customers’ use of and participation in this website is a privilege granted by MEDISCA and subject to MEDISCA’s
sole discretion. MEDISCA reserves the right at any time to suspend or terminate an Authorized User from using
this website for any reason, at its sole discretion. Notwithstanding the foregoing, MEDISCA will terminate any
Customer or User should it be determined said Authorized User is in violation of State or Federal law in the
USA, Provincial or Federal law in Canada, or State or Federal law in Australia.
The Customer agrees that in the event of the termination of these Terms & Conditions by either party, the
Customer shall be billed immediately for Products shipped prior to the effective date of termination of
these Terms & Conditions, and that all Products purchased shall be payable immediately upon receipt of invoice.
Third Party Website Listing
From time to time this website may list or host information, advertising or other matter provided by
third parties. MEDISCA takes no responsibility for the accuracy of any such information or for any
business transactions which may be entered into with such third parties. Any representations, guarantees
or warranties of such third parties are those of those parties alone, and not the responsibility of MEDISCA.
Delivery, Claims and Delays
MEDISCA takes great pride to pack and ship all orders accurately and efficiently.
Please inspect your order thoroughly upon receipt, and in case of damage or shortage, you must report it
immediately to our Customer Service Representative.
MEDISCA will accept Products returned by Customers if, and only if, the following conditions are met:
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If damaged in transit, the carrier must perform an inspection. Do not accept shipment until carrier makes a damage notation on the delivery slip/way bill.
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In the case of the return of a Product, MEDISCA requested that Customer retain all containers and packing material for inspection. Customer hereby agrees that Customer has two (2) business days from time of receipt of delivery to submit a “Return Goods Authorization (RGA) Form.”
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No insurance is made on shipments by MEDISCA, unless arranged by Customer prior to shipping.
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Any claim for damage or shortage must be made within two (2) business days of receipt of goods.
MEDISCA assumes no responsibility or liability for loss or damage by reason of delay or inability to ship
for any reason. Any errors, discrepancies or damaged goods, upon their receipt, must be reported within
two (2) business days following delivery.
The Customer agrees that MEDISCA is not responsible for shipment delays or failure to ship due to product
or material shortages, strikes or labor disputes, transportation delays, manufacturer shortages or delivery
disruptions, force majeure or catastrophic events, fire, seasonal supply disruptions, or other causes beyond
the reasonable control of MEDISCA.
All returns require a Return Material Authorization (RMA) number. Without an RMA number prominently on the
package, the shipment will be refused and returned to the Customer at their expense.
MEDISCA will not accept returns after 30 days. Returns are subject to a re-stocking fee where applicable.
Non-refrigerated items will be delivered by way of standard ground service. All goods requiring refrigeration
will be shipped in accordance with manufacturers’ recommendations by way of next-day air service.
In order to preserve the quality of our Products, to conform to cGMP in the United States of America,
regulations set forth by Health Canada and New South Wales Health, MEDISCA is unable to accept returns
on the following items: expired products, controlled substances, dangerous goods, refrigerated products,
tampered products or original seals broken, damaged or altered in any way and special or bulk orders.
Unauthorized Returns Policies
All returns require a Return Material Authorization (RMA) number. Without an RMA number prominently on the
package, the shipment will be refused and returned to the Customer at their expense.
Terms of Payment
Customer acknowledges that payment for Products and Services shall be due thirty (30) days from date of
invoice, or as otherwise agreed upon or indicated in a separate agreement.
Pricing and Price Change
MEDISCA reserves the right to make changes to the prices of its Products and Services without notice.
Shipping, Handling, Taxes and Other Charges
Customers shall pay when due all shipping, handling, taxes and government-related charges of any kind,
including without limitation that which is imposed by any government or government agency on Products and
Services sold.
Warranties and Limitation of Liability
The Customer represents and warrants to MEDISCA that they are competent, qualified and are holding appropriate
credentials, permits and licenses, as stated in these Terms & Conditions, to purchase the Products and Services
of MEDISCA. All such credentials, permits and licenses of the Customer will be made available to MEDISCA upon
request. In all cases, the practitioner is responsible for the appropriate uses of Products purchased from MEDISCA.
MEDISCA cannot be held liable for Products which are abused, misused, or altered by the Customer which become
defective or non-conforming through the actions or inaction of the Customer. A defective or non-conforming
Product is defined only as a Product which is outside of the manufacturer's defined Product specifications,
and shall not include Products that fail to meet any fitness of use by Customer or any unique Customer
operating conditions or applications. It is understood that MEDISCA is not the manufacturer of the Products
provided and that accordingly MEDISCA cannot be held responsible for the quality or conformity of such Products
to specifications. In the event of any defective Product, MEDISCA shall be liable only for the replacement
of such Product or the reimbursement of the price paid therefor, at MEDISCA’s discretion. MEDISCA SPECIFICALLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER WITH RESPECT TO ANY PRODUCT
OR SERVICE PROVIDED HEREUNDER.
IN NO EVENT SHALL MEDISCA HAVE ANY OBLIGATION OR LIABILITY FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE OR GOODWILL), WHETHER
BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE TOTAL LIABILITY OF MEDISCA (INCLUDING ITS
SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY PRODUCTS SOLD UNDER THESE TERMS & CONDITIONS
SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S). THE TOTAL LIABILITY OF MEDISCA (INCLUDING ITS
SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY SERVICES PROVIDED UNDER THESE TERMS & CONDITIONS
SHALL BE LIMITED TO THE FEES PAID FOR THE SERVICE GIVING RISE TO SUCH CLAIM.
Buyer's Representations and Indemnity
In the event of any damage, loss or harm as a result of the Products or the use thereof, Authorized User and
Customer hereby indemnify MEDISCA for and against any liability which may result there from, whether or not
caused by the fault or negligence of MEDISCA.