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, healthcare professionals and consumers.

“Products” include, but may not be limited to, cosmetic skin care preparations and access to the proprietary physician portal and training center.

“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

MEDISCA will grant authorization to use this website to its authorized distributors 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 Healthcare professional 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.

Compliance

Blend & Boost products described on this website are intended to meet the Health Canada’s definition of a cosmetic product, an article applied to the human body to cleanse, beautify, promote attractiveness, and alter appearances. These Blend & Boost products are not intended to be drug products that diagnose, treat, cure, or prevent any disease or condition. These products have not been approved and the statements on these pages have not been evaluated by Health Canada.

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:

  • 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.
  • 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.”
  • No insurance is made on shipments by MEDISCA, unless arranged by Customer prior to shipping.
  • 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.