Discretionary Powers of OFX. We have a number of discretionary powers which may affect your ability to conduct transactions, including the right to Terminate your transaction/s without prior notice to you. We refer you to the Client Agreement which sets out these powers and suggest that you should fully understand them before entering into a transaction. You should understand that we may refuse to enter into a transaction, or Terminate any open transactions, without notice, in circumstances such as the following: • if you fail to make any payment when it is due, including the payment of any Advance Payment that has been requested by us; • if you fail to provide any material informationwe have requested or any information you have given us is or becomes, in our opinion, materially inaccurate or misleading; • if we are unable to complete a transaction due to our own, or a counterparty bank’s, complianceand/or regulatory requirements; • in the event of your death or loss of mental capacity; • if bankruptcy or winding up proceedings are commenced against you; • if the performance of our obligations under this PDS becomes illegal; • if a serious dispute has arisen between us; or • if you breach an important term of our Client Agreement or of any transaction. You should be aware that we may be obliged to freeze or block your account and/or funds if information comes to our attention that leads us to believe that it is being used in connection with money laundering or terrorist financing activities or if we are required to do so by a regulatory authority. If this occurs, we will not be liable to you for any indirect or consequential losses whatsoever and you agree to indemnify us if we suffer loss as a result of action taken by a third party recipient arising from any such action we have taken in relation to your account. For further details on our process for collecting information, see Section 2.4 of this PDS, above.
