Counting Thoughts Ltd ("the Guarantor") guarantees to refund all fees used to purchase a home licence of their educational software ("the Software") by an individual buyer ("the Buyer") if the buyer does not pass their exam testing their knowledge of the subject indicated by the software title at the level indicated by the software title ("the Exam") under the following conditions
1: The buyer has had lessons
The software must have been used in conjunction with a course of study covering the subject indicated by the software title. For example, the buyer should have undertaken an appropriate recognised course of study at school, college, home or through distance learning, prior to the exam, with the objective of passing the exam. The software re-inforces learning and helps diagnose areas where performance can be improved in the context of an appropriate course of study. The guarantor makes no claims about sufficiency of the software to ensure exam success and is not liable for the outcome of the exam.
2: The buyer has used the software
The guarantor at its discretion may require a refund claim against this guarantee to be accompanied by evidence of appropriate use of the software in preparation for the exam. An example of suitable evidence is the log files generated by the software when it records the user's progress. Appropriate use is the completion by the buyer of a sufficient proportion of the questions in the content delivered by the software. Completion of a question entails answering it correctly or answering it incorrectly three times.
3: The buyer has sat the exam
The buyer of the software must have sat the exam to which the content of the software relates. This is because the software and the content it delivers have been developed to cover a particular subject specification as published by the relevant examining bodies, as identified in the software title. The exam to which this guarantee pertains is the exam that tests the buyer's knowledge of the subject as specified in these publications, and which needs to be passed by the buyer in order for them to be awarded the associated certification. The guarantor at its discretion may require the buyer to provide evidence of their failure to obtain an award of the relevant certificate as a result of sitting this exam. This guarantee relates to the outcome of this exam. The guarantor is not liable for the outcome of this exam.
4: Eligible subjects
This guarantee is valid for SURE · Q · and SURE Higher Physics for use in preparation for the following exams, with a pass construed to mean an award of one the grades listed
| Subject | Pass grades |
| Higher Physics (Scotland) | A, B, C |
| Higher Biology (Scotland) | A, B, C |
| Higher Maths (Scotland) | A, B, C |
| GCSE Maths (higher tier) | A*, A, B, C |
| GCSE Science (AQA) | A*, A, B, C |
5: Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and the Scottish courts shall have exclusive jurisdiction in relation to any disputes arising therefrom.
6: Guarantor
Counting Thoughts Limited (a company registered under the Companies Acts with registered number SC245303), Second Floor, 87 Carlton Place, Glasgow G5 9TD.