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 Australia Pty Ltd., MEDISCA UK Ltd., MEDISCA Network Inc., LP3 Network Inc.
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, specials manufacturers, 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, reusable and 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.
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 and International Customers, in Montreal, Quebec for Canadian Customers, and the State of New South Wales for Australian Customers.
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, Provincial or Federal Law of their respective Country.
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 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.
Unauthorized Returns Policies
Unauthorized returns will be refused and returned to the Customer at their expense.
Terms of Payment
Payments must be paid prior to the shipment of an order.
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
MEDISCA makes no warranties with respect to infringement or non-infringement by the Product or Service of any patent or other intellectual property of any other party or person, and Customer warrants that it is the responsibility of the Customer to investigate and determine any such issue. In the event of any patent or other intellectual property infringement, or breach by Customer (or Customer’s Pharmacists, employees, agents, directors, officers, subsidiaries, affiliates, and/or contractors) of any of its obligations hereunder, or in the event of a product defect or other issue not exclusively caused by the actions of MEDISCA, Customer shall defend, indemnify and hold harmless MEDISCA from and against any harm, damage, loss, claims or threats thereof, including reasonable attorney’s fees, which may result, in whole or in part, therefrom. It is Customer’s responsibility to clear all patents on products in their country prior to purchasing or using Medisca products.
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.