Skip Navigation Links 
Legal      Sitemap

Legal

1. Introduction

This website ("Site") is maintained by Octopus Ventures Limited, (Octopus) of 8 Angel Court, London EC2R 7HP. Octopus Ventures may be contacted by sending e-mail to info@octopusventures.com .

2. Regulation

Octopus Ventures Ltd is authorised and regulated by the Financial Services Authority (the "FSA") and is registered on the FSA's Register (www.fsa.gov.uk/register) with number 191899. Octopus is a member of the British Venture Capital Association.

3. Regulatory Statement

This site is directed at intermediate customers and market counterparties. It is also directed, within the meaning of Financial Services and Markets Act 2000 (Financial Promotion) Order 2001, at certified high-net worth individuals and sophisticated investors.

In the case of persons outside the United Kingdom, this site is only directed to persons who may lawfully access it. Any controlled investment or controlled activity to which this site relates is available only to persons of a type mentioned above. Any other persons, including, in particular, private customers under the FSA's definition, should not act upon any material on this site.

If you are nominally a private customer who wishes to be classified as an intermediate customer, you will be required to complete the "Register" questionnaire on-line, in hard-copy or attend an interview in order for Octopus Ventures Limited to be able determine that you have sufficient experience and understanding to be classified as such. Sophisticated investors will be required to complete this questionnaire also. High-net worth individuals will be required to provide a certificate of high net worth signed by their employer. On receipt of your completed questionnaire or certificate of high-net worth, a director of Octopus Ventures Limited will review your responses or certificate and contact you to discuss your application.

If you have applied online, Octopus will send you a print out of your completed questionnaire together with a print out of these terms and conditions. An Octopus director will arrange to contact you to progress your application

If you are accepted as an Independent Investor, you will be given a username and password on payment of the annual membership fee. This will enable you to access areas of the Website reserved for the Independent Investors of Octopus.

Membership of Octopus entitles you, to pre-screened and appraised investment opportunities. Octopus will also notify you when new investment opportunities are posted to the Website

All investment opportunities will be presented by way of an Investment Summary, which Octopus will have prepared. Investment Summaries are only made available to Octopus' Independent Investors. They should be treated as STRICTLY CONFIDENTIAL and their contents may not be disclosed or copied to any third party without Octopus' written authority. You will be able to request further information about particular opportunities and/or register your interest in them.

There is a joining fee for the Octopus Independent Investor. Corporate Investors should contact Alex Macpherson for pricing information.

You may terminate your membership with immediate effect, on receipt by Octopus of notice of termination or by Octopus on giving three months prior written notice of termination to you. Octopus will not be obliged to refund subscription fees or any part thereof in the event that Independent Investor is terminated by you part way through a year of membership. Independent Investor membership will be renewed automatically each year unless Octopus receives notice of termination in accordance with this clause.

On termination of your Independent Investor, your password access will be withdrawn and Octopus will cease to provide the services detailed above. Termination of Independent Investor Status will not affect any of your investments or your ability to continue to pursue investment opportunities where you have already commenced negotiations with the relevant investee company management at the date of termination.

In order to comply with its obligations under the FSA Rules, Octopus will seek confirmation from you at the commencement of each new year as an Independent Investor, that none of the details you supplied to Octopus in connection with your application to become an Independent Investor have changed. You must, in any event, inform Octopus promptly if at any time the information you provided to Octopus in your registration questionnaire or otherwise changes. If you no longer meet the criteria described in the application section above, Octopus shall be entitled to terminate your membership as an Independent Investor with immediate' effect.

4. Limitation of Liability and Disclaimer

To the fullest extent permissible by law, Octopus assumes no responsibility or liability for the publishing of or the contents of any information on this Site.

Octopus shall not be liable for data transmission errors such as data loss or damage or alterations of any kind.

None of the statements on the Site excludes or restricts any duty or liability that Octopus have under the FSA rules or the Financial Services and Markets Act 2000.

Octopus will not be liable to you (whether for any breach of these terms and conditions or otherwise), which arises because of any circumstances, which Octopus cannot reasonably be expected, to control.

Octopus does not, and nothing in these terms and conditions shall act to, exclude or limit Octopus' liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited BUT, subject to that, in no event shall Octopus be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

The use of the Site is at your sole risk and, except, as expressly set out in these terms, Octopus does not enter into conditions, warranties or other terms in relation to the Site (including any implied term relating to quality or fitness for reasonable purpose

The obtaining of any material through the Site is carried out at your own risk and Octopus has no liability to you in respect of such material or its effects, nor is Octopus liable for any action you may take as a result of relying on any information provided in this Site.

5. Intellectual Property Rights

Without prejudice to section 5 (Business Plans), the intellectual property rights in all material presented on this Site (including text, photographs and other images, trade marks and logos), unless specifically indicated otherwise, are owned by (or licensed to) Octopus Ventures and must not be reproduced in any medium without a written license from us save as expressly provided in these terms and conditions.

6. Privacy Policy

You are not required to input any personal information to use the public areas of this website. However, access to certain areas may require you to register or you may wish to contact us via the website. Any personal information which Octopus receives via this website will be used only for the purposes for which it was received and for any future communications with you by Octopus and/or companies specifically selected by Octopus as offering services or products in which you may be interested.
Octopus will not otherwise disclose any personal information received in respect of your use of the website to any other third party without your permission except to a purchaser of the business of Octopus or as required by law.
If you do not wish to receive information about related products or services from either Octopus or selected third parties then please indicate this in the relevant section where you are submitting your personal details
Octopus has policies in place to protect the privacy of individuals and comply with current UK Data Protection laws and regulations in respect of personal data. Octopus will only use your personal data (as defined in the Data Protection Act 1998) that you supply to us (the "Personal Data") in the normal course of its business.
· Disclosure to third parties: Octopus will not disclose the Personal Data to third parties, except to our professional advisers bound by obligations of confidentiality.
· Uses of personal data: Octopus may use the Personal Data to inform you of relevant opportunities, developments and events. Please advise Octopus in writing that you do not wish it to do so.
· Security: Octopus will take reasonable steps to protect the confidentiality and security of the Personal Data. When you visit our web sites, the Octopus web server automatically records the name of your Internet service provider, the web site from which you visit us, the web sites you actually visit and the date and length of your visit. Additional personal data is only stored if volunteered by you, for example in the context of a registration, survey, contest, or in execution of a contract. Octopus will only use your personal data for the purpose of the technical administration of its web sites, product surveys and marketing. We will only disclose your data to governmental authorities in cases where it is required by law.
· Accuracy: You warrant to Octopus that the Personal Data you supply is accurate and up to date. Octopus will take all reasonable steps to keep your personal information accurate and, where necessary, up to date in line with updates received from you.
· Retention of data: Octopus will retain the Personal Data only for the duration of the purpose for which it was obtained (and in the case of Business Plan Documents for any period described in section 5 above) save that Octopus may need to continue to hold some details about individuals connected with you for longer for legal and/or regulatory purposes.
· Your rights: If you have any questions about your Personal Data please contact Octopus on info@octopusventures.com

7. Jurisdiction and governing law

These terms and conditions shall be governed by and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

None of these terms and conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to these terms and conditions.

Users of this Site from outside of the UK are directed to section 3 (Disclaimer) which expressly forbids use of this Site from outside of the UK.

8. Treat Your Customers Fairly Policy

Treating Customers Fairly (TCF) is an initiative which is a key priority for the FSA and Octopus Ventures alike. It is an example of the regulator’s move towards a more principle-based form of regulation, meaning: a focus on the outcomes to be achieved, rather than on the prescription of detailed rules and guidance. The six TCF outcomes are set out below:

  • Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture.
  • Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.
  • Consumers are provided with clear information and are kept appropriately informed before, during and after the point of sale.
  • Where consumers receive advice, the advice is suitable and takes account of their circumstances.
  • Consumers are provided with products that perform as firms have led them to expect, and the associated service is of an acceptable standard and as they have been led to expect.
  • Consumers do not face unreasonable post-sales barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.