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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 authorised users of this website as determined by MEDISCA.

Authorised User or Authorised 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, 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 authorisation 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 unauthorised 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 unauthorised use of the Customer’s username and password or other Customer confidential information.


Licensed Health Professional

As an Authorised 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 unauthorised 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 Authorised 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 Authorised 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:

  • 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 Authorisation (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 Authorisation (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.


Unauthorised Returns Policies

All returns require a Return Material Authorisation (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, Authorised 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.



CONTINUING PROFESSIONAL DEVELOPMENT TRAINING ACTIVITIES


Definitions

Registrant refers to the registrant of MEDISCA Australia Continuing Professional Development (CPD) services and is a licensed pharmacist, duly licensed medical practitioner or other appropriately state licensed professional. The Registrant in many instances, but not always, is the Subscriber.

CPD Activity: educational platform of products and services in the form of accredited and non-accredited programs; such as symposiums, educational conferences, workshops, and both live and self-paced offered through the CPD Materials.

CPD Material: materials provided which are part of a CPD Activity such as, but not limited to, self-study manuals, handouts, live event manuals, publications, newsletters, transparencies, slides, programs posted or archived on the internet, videos, videotapes and audio tapes through the use of this Website.

Subscriber refers to the individual or business entity that has purchased a CPD Activity from MEDISCA Australia.

Agreement refers to the totality of these Terms and Conditions which constitute a legal document.

Content refers to the content of this Website, which includes, but is not limited to, products, services, text, information, images, graphics, features, e-mail, third party notifications, registration, executable functions and applications, policies, disclosures, and disclaimers.

Terms and Conditions refers to the terms and conditions of this Website Agreement.

Visitor refers to the general public.

Scope

The Registrant of a CPD Activity must be a licensed pharmacist, a licensed medical professional, or other appropriately state licensed professional, or working directly under the supervision of a licensed pharmacist or other appropriately state licensed professional. MEDISCA Australia reserves the right to inquire about, or request, a written copy of the qualifications of the registrant of a CPD Activity. The registrant of a CPD Activity represents and warrants that they are competent, qualified and hold the appropriate credentials, and will make such credentials available to MEDISCA Australia upon request.

MEDISCA Australia explicitly reserves the right to dismiss a registrant from participation in a CPD Activity for violation of adherence to professional standards of pharmacy practice and the purchaser will not be entitled to any refund for a purchased CPD Activity.

MEDISCA Australia Pty Ltd. is the authorized agent of LP3 Network Inc. CPD Materials. For more information regarding the content and ownership of the CPD Materials, please visit the LP3 Network Inc. website at the following link:

www.lp3network.com/terms-and-conditions-au

Disclaimer: All CPD Activities and CPD Materials are for educational purposes only. An accredited education activity is accredited by a recognized accredited provider of continuing professional development in accordance with the provider’s standards.

CPD Material may include treatment modalities, diagnostic and therapeutic information, and instructions related to regulatory guidelines and current standards of practice as they relate to pharmacy compounding, is for educational reference purposes only, and should not be taken as a treatment regimen, product indication, suggested treatment modality, or suggested standard of practice. Any treatments, therapies, regulatory or practice standards must be fully investigated by a licensed pharmacist and prescribed by a duly licensed medical practitioner in accordance with accepted professional standards and compendia. MEDISCA Australia and LP3 Network Inc. take no responsibility for the validity of this information or for its safety or effectiveness, or for any use thereof, which is at the sole risk of the Registrant, whom in this instance and in reference to the CPD Material must be a medical, healthcare or other appropriately state licensed professional. Licensed pharmacists, medical, healthcare or other appropriately state licensed professionals are advised that CPD Material should not be used as a means of establishing therapeutic interventions; rather therapeutic interventions should be based on a duly licensed medical practitioner’s independent clinical judgement. MEDISCA Australia and LP3 Network Inc. cannot be held liable to any person or entity concerning claims, loss, or damage caused by, or alleged to be caused by, directly or indirectly, the use or misuse of the information contained in any CPD Activity, CPD Material, written documentation, or verbal consultation. MEDISCA Australia and LP3 Network Inc. make no warranties with respect to the accuracy of the information contained in any CPD Material and it is the responsibility of the medical, healthcare or other appropriately state licensed professional to fully investigate and determine the application of the content to its own business and practitioner practices. In the event of any claim by a third party related to the content of any CPD Material, medical, healthcare or other appropriately state licensed professional will indemnify and hold harmless MEDISCA Australia and LP3 Network Inc. and all of its affiliates, officers, directors and employees from and against any harm, damage, loss, claim or threats thereof, including reasonable attorney’s fees, which may result, in whole or in part, therefrom.


Credit Policy

In accordance with current policy, this CPD Activity must be completed in its entirety in order to receive credit of completion; partial credit for partial completion is no longer offered.


Payment

Payment for a CPD Activity must be made by means of an approved credit card and received in full prior to the receipt of any CPD Activity. CPD Activity prices are quoted in AUD Dollars [AUD], unless otherwise stipulated by Medisca Australia, and are subject to change.


Cancellation and Refund Policy

In the event that MEDISCA Australia cancels a course, MEDISCA Australia’s sole liability shall be course repayment. In no event shall MEDISCA Australia be responsible for any costs arising from such cancellation, including but not limited to travel and/or accommodation.

In the event a Registrant cancels their enrollment in a CPD Activity, a written request must be sent to MEDISCA Australia requesting ‘Cancellation without Transfer’ to an alternate live CPD Activity event date. If cancellation occurs at greater than or equal to 31 days from live activity event date, then registrant will receive a 75% refund; 15-30 days a 50% refund; and less than or equal to 14 days no refund.

MEDISCA Australia shall be excused from any delay caused by reason of any occurrence or contingency beyond its reasonable control (a “Force Majeure”), including but not limited to, acts of God, hurricane, earthquake, labour disputes, strikes, riots, war, and governmental requirements. The obligation to pay money to MEDISCA Australia in a timely manner is absolute and shall not be subject to this Force Majeure provision. In such event, MEDISCA Australia will not issue any refunds, only transfer to an alternate live activity event date.

This cancellation and refund policy is specific to courses offered in Australia. To obtain information on the cancellation and refund policy for courses offered outside of Australia, please speak to a MEDISCA Australia representative or refer to your course-specific registration page.


Transfer Policy – Australia Courses Only

This transfer policy is only applicable to courses that are offered in Australia. Transfer policy is only in effect if requested greater than or equal to 14 days prior to the original live activity event date. Failure to submit “Transfer Request” at least 14 days prior to original live activity event date will default to “Cancellation and Refund Policy”. Transfer policy can only apply one (1) time. Transfer to a new live event date must be within current calendar year. Failure to attend the new live activity event will lead to no refund and will no longer be transferable. Confirmation of new activity date is subject to the approval by MEDISCA Australia based on the number of available seats within the selected live activity event.


Practical Laboratory Liability Policy

The registrant understands that he/she is participating in training which may involve medicines, chemicals, laboratory equipment and other materials related to the training which may present a hazard if misused or used improperly or not in accordance with reasonable safety procedures. If registrant is pregnant, has a medical condition or disease or has recently suffered an illness or injury, registrant should have or did consult his/her physician before participating. By agreeing to these terms, the undersigned hereby acknowledges their responsibility to exercise the highest standards of safety and caution in the handling and use of these materials and agrees to be responsible for, and hereby releases and discharges MEDISCA, their directors, officers and employees, heirs, executors, administrators, agents, assigns and successors, and all other persons, firms, or who might be claimed to be liable, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of all injuries, known and unknown, both to person and property, which may result from the negligence of the registrant in the handling or use of any such materials.

The registrant hereby declares that the terms of this release of claim with MEDISCA has been completely read and is fully understood and voluntarily accepted for the purpose of making full and final release of any and all claims, disputed or otherwise, on account of the injuries and damages above mentioned, and for the express purpose of forever barring any future claims arising therefrom.


Marketing Consent and Authorization

I hereby give my consent to MEDISCA Pharmaceutique Inc., Medisca Inc., Medisca Network Inc., Medisca Australia Pty Ltd., Medisca UK Ltd. and LP3 Network Inc. (hereinafter “MEDISCA and/or LP3”), and all persons acting under its authority, to use, in whole or in part, my name, photograph, video or voice record and my image, in its publications, advertising or other media activities (including the Internet). This consent includes, but is not limited to:

Permission to MEDISCA and/or LP3 to interview, film, photograph, tape, or otherwise make a video production of me and/or record my voice;

Permission to MEDISCA and/or LP3 to record the Live Program on which I appear for educational, internal, promotional, marketing and/or archival purposes;

Permission to use my name; and

Permission to use quotes from the video or testimonial(s) (or excerpts of such quotes), the photograph(s), tape(s) or reproduction(s) of me, and/or recording of my voice, in part or in whole, in its publications, other print media, and electronic media (including the Internet).

I acknowledge that Medisca and/or LP3 own all rights and privileges to the images, recordings and testimonials including all reproductions thereof.

I hereby waive:

Any right to inspect or approve the use of the images, recordings and testimonials or of any written copy;

All copyright and moral rights; and

Any right to royalties or other compensation arising from or related to the use of the images, recordings or testimonials.



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