Dispute Resolution Procedures

Last updated: November 29, 2023
The following Dispute Resolution Procedures govern Wisetack’s management of disputes between Consumers and Merchants relating to specific Credit transactions processed through the Services (“Disputes”). Unless otherwise defined herein, capitalized terms shall have the same meaning as in the Wisetack General Terms of Service (the “Terms of Service”).
Except as otherwise expressly set forth in the Terms of Service and/or the Merchant Agreement, You agree that any Disputes will be resolved as set forth below. Wisetack may modify these Dispute Resolution Procedures from time to time, at its sole and absolute discretion. The most up-to-date procedures can be found at www.wisetack.com/disputes.
Please direct all Dispute requests and related materials to resolutions@wisetack.com. To ensure thorough and proper investigation, all Dispute-related correspondence must be via email and submission form.

Dispute Initiation

Wisetack is not responsible for the quality and installation, nor any breach of warranty, defect, or damages associated with the products or services provided by a Merchant. A Consumer must first contact a Merchant directly with any claims, inquiries or complaints pertaining to a purchase from a Merchant. If the Consumer has made a minimum of three (3) outreach attempts and is unable to resolve their inquiry or complaint with the Merchant directly within fourteen (14) days, then Wisetack may, but is under no obligation to, initiate a Dispute. A submission form will be sent to the Consumer by Wisetack, which must be filled out in its entirety in order for Wisetack to consider the request to initiate a Dispute.
The initiation of a Dispute in no way alters the parties’ rights and responsibilities under the Terms of Service, the Merchant Agreement, or any agreement a Consumer entered into with a Lending Partner. Consumers must continue to make their monthly payments towards their Credit balance during the Dispute process. If the Dispute is found fully in the Consumer’s favor, a refund of payments will be provided.

Wisetack's Investigation of Disputes

Consumers shall have sixty (60) days from the date of confirmation of their Credit transaction to request that Wisetack initiate a dispute. Wisetack may, at its sole discretion, choose whether to investigate a request.
After a Dispute is initiated, Wisetack: (a) will promptly inform the Merchant of the Dispute along with relevant details of the Dispute, and (b) in its discretion may withdraw the affected funds from the Merchant’s bank account until such Dispute is resolved. Both Merchant and Consumer shall have fifteen (15) days from the time a Dispute is initiated to respond and provide supporting evidence. Upon receipt of such evidence, Wisetack shall have fifteen (15) days to investigate the Dispute and communicate its resolution to both the Merchant and Consumer. Wisetack will consider all relevant evidence provided by the Consumer and the Merchant within the time frame set forth above in its investigation of Disputes.
In addition, Wisetack may request and review other types of information it deems relevant to adjudicate the Dispute. Please note that Wisetack is unable to consider a Merchant’s professional licensure in its investigation of Disputes.

    Resolution

    Wisetack will resolve all Disputes in favor of the party that best substantiates its claim(s). A Consumer may withdraw their Dispute at any time; however, if a Consumer withdraws a Dispute, the Dispute will be considered resolved and may not be reopened at a later date.
    If Wisetack resolves a Dispute in favor of the Merchant, the Merchant will not be liable for any amount of principal or interest related to the disputed Credit transaction, and any funds withdrawn related to the disputed transaction shall be returned. If Wisetack resolves a Dispute in favor of the Consumer, Wisetack shall refund the disputed amount to the Consumer. If a Dispute is resolved in favor of a Consumer, the Merchant shall reimburse Wisetack for the amount refunded to the Consumer. Wisetack’s determination when resolving a Dispute shall be final.