Early Warning System (herein referred to as “EWS”):
Research Subscription
General Service Agreement
1. Parties:
1.1. Prerequisite Capital Management Pty Ltd (hereinafter referred to as "PC"). ABN: 27 141 060 933, AFSL: 423710 (Authorised Representative of First Mutual Australia Pty Ltd, ABN 42 154 012 085).
1.2. Client: (hereinafter referred to as the "Client")
1.3. The Client and PC are hereafter referred to individually as a "Party" or collectively as the "Parties".
1.4. General Advice Warning: Copyright © 2025 PC, Australia. All rights reserved. PC, its affiliates and content providers do not guarantee the data or content contained herein to be accurate, complete or timely nor will they have any liability for its use or distribution. The EWS is general information only and should not be construed as specific personal advice or advice to purchase, hold or sell financial securities or products or classes of financial products. It has been prepared without reference to your objectives, financial situation or needs. Prior to acting on any information you should seek the services of an Authorised Representative that can take into consideration your personal circumstances, needs, goals and financial situation. Our publications, ratings and products should be viewed as an additional investment resource, not as your sole source of information. Past performance does not necessarily indicate a strategy or financial product’s future performance. PC (ABN 27 141 060 933) is an Authorised Representative of First Mutual Australia Pty Ltd (ABN 42 154 012 085), AFSL 423710.
1.5. Whilst PC is an Authorised Representative of First Mutual Australia Pty Ltd ABN 42 154 012 085 AFSL 423710 – No personal advice is provided under a subscription to the EWS service. For information on how to consider personal advice, a separate service, through PC please visit our Financial Services Guide via this link: Financial Services Guide and our Privacy Policy which is located at the end of this document.
2. Preamble:
2.1. WHEREAS PC is in the business of research and development services related to investment market analyses, asset allocation, and market risk assessment. Such analyses are materialised in Supports that are drafted, produced, and published by PC and delivered to subscriber and advised clients by electronic means.
2.2. WHEREAS the Client wishes to receive the Supports from PC, including the Early Warning System ("EWS"), to assist in the development and orientation of their own investment strategies in various financial markets.
2.3. WHEREAS the Parties wish to formalise their relationship, they have decided to conclude this contract (as defined below), the purpose of which is to define the terms and conditions by which PC shall make available the Supports and EWS for the benefit of the Client.
3. Terms & Conditions:
3.1. Purpose:
PC will supply the Client, during the term of the Contract, with the information derived from its investment market analysis, (the "Information"), delivered in the form of the Supports and EWS issued on a regular basis.
Early Warning System (EWS):
PC’s EWS uses proprietary insights on fundamentals, liquidity, and probable institutional buying or selling, to help analyse possible opportunities and risks. PC does not have specific data on individual or aggregated institutional trades but uses proprietary algorithms around publicly available security volumes, volatility and price to triangulate what it believes to be higher probability instances of likely institutional investment market activity. EWS is designed as an investment market context provider of current conditions from which subscribers can complete their own further due diligence prior to deciding whether to buy, sell or hold securities. EWS is not a decision-making system, it offers no specific recommendations to buy, sell or hold securities nor does it guarantee future positive performance of any strategy or signal.
3.2. Research Subscription Price:
See SCHEDULE ONE for Pricing and Package options. (1. Enter Name of Product Chosen):
(Package: EWS Essential 1)
3.2.1. Invoiced quarterly and paid quarterly in advance. Individual subscriptions are not to be shared in any way – please refer to section 3.7 Obligations of the Client.
3.2.2. EWS may be offered as an add-on service or a standalone product, with its pricing detailed in SCHEDULE ONE. (Package: EWS Essential 1)
3.3. Duration:
This agreement is being signed for a term of one (1) year, beginning from the date of this signed agreement.
3.4. Renewal:
At the expiry of the agreed-upon term, the Contract between the Parties will be automatically renewed for successive periods of one year each (Renewal Periods) unless cancelled in writing by the client.
3.5. Subscription Cancellation:
3.5.1. The Client may at any time cancel their Subscription to EWS by providing written notice of their intention to do so, effective immediately or at an identified date of the Client’s choosing. Any paid moneys to PC will be forfeited by the Client.
3.5.2. PC reserves the right to cancel a Subscription arrangement according to its discretion by either: (a) refusing to accept payment for another term within the Duration timeframe, whether it be quarterly or annually, until such time it will continue to fulfill its contracted and paid-for obligations, or (b) refunding client moneys paid on a pro-rata basis that reflects any term duration not yet serviced. PC will inform the Client in writing at least fourteen days in advance of its intention to cancel the Subscription arrangement.
3.6. Obligations of the Client:
3.6.1. The Client shall not communicate, adapt, translate, redistribute, resell, excerpt, reuse, reproduce, display, reverse engineer or otherwise make available either all or part of the Information, including EWS alerts, in any manner whatsoever to any persons other than the Client.
3.6.2. The Client shall not use the Supports or EWS in any way that could directly or indirectly compete with PC.
3.6.3. The Client shall not modify the Information and/or the Supports or create any work derived from the Information without the prior written consent of PC.
3.6.4. The Client shall use the Information only for its own internal needs and in compliance with the terms and conditions of the Contract.
3.6.5. The Client acknowledges that EWS is not to be used in automated trading systems, high-frequency trading strategies, or proprietary algorithmic trading without prior written approval from PC.
3.7. Liability of PC:
3.7.1.1. You agree to indemnify, and continually indemnify, PC in relation to all claims, actions, liabilities, costs, losses and expenses (including legal costs on a full indemnity basis) that PC incurs as a result of your use of the Website or Services (including related party websites), and/or from your failure to comply with these Terms.
3.7.1.2. You agree that PC shall not be liable to you in respect of any losses suffered or incurred by you arising out of or in connection with the provision of the Services, including but not limited to, reliance on the information or content on the Website (including related party websites).
3.7.1.3. PC will make its best efforts to perform its obligations hereunder (obligation de moyen). Consequently, the Information and EWS alerts will not trigger PC’s liability with respect to the results of investment decisions or other measures taken by the Client on the basis of the Information.
3.7.2. The Information and EWS alerts are supplied for general informational purposes only and do not constitute an offer to buy, hold, sell, or subscribe to financial products.
3.7.3. The Client acknowledges that it shall use the Information and EWS alerts at its own risk and that it is its own responsibility to verify the Information provided.
3.7.4. The Client acknowledges that past performance indicators communicated by PC do not in any way constitute a reliable indicator of future performance.
3.7.5. PC is not liable for false positives, delayed alerts, or missed signals in EWS.
3.7.6 The Client acknowledges that the market pricing information and other datasets displayed by PC (in charts or other research supports) are indicative only, such information should not be considered as being accurate reflections of market pricing, conditions or happenings. All PC produced information should be double checked and verified by alternative reliable sources.
3.7.7 All Product descriptions (for example ‘ASX200’ or ‘Gold’ or other indices) are indicative by nature. PC will, on a best efforts basis, look to provide information on as many securities as possible as they relate to such product groupings. PC uses publicly available information as to
the composition of these products and reserves the right to amend product composition at any point.
3.8. Applicable Law:
The Contract shall be subject to Australian Law (Queensland). In the event the Parties fail to settle out-of-court any dispute arising from the Contract, those disputes shall be subject to the authority of the courts under the jurisdiction of Queensland, Australia.
3.9. Completeness of the Contract:
The Contract constitutes the entirety of the agreement between the Parties and replaces and cancels any previous agreements and/or documents which they have or might have concluded for any purposes identical or similar to the purpose of the Contract. Any and all new obligations imposed on either of the Parties must have been previously set down in writing and accepted by the Parties in an amendment to the Contract.
3.10. Electronic Signatures & Agreement Process:
The Parties agree that this Agreement may be executed electronically, including but not limited to the use of electronic signature platforms (e.g., DocuSign, Adobe Sign, or similar). An electronically signed version of this Agreement shall be deemed as valid and enforceable as a physically signed counterpart. Each Party acknowledges that its electronic signature constitutes a legally binding agreement.
Schedule One: EWS Essential Research Package (2025)
PCM Early Warning System (EWS) Research Package
Valid from March 2025
EWS - Essential 1
The EWS Essential Package 1 provides targeted market intelligence for investors focused on the ASX 200 and global gold mining companies (including many that are listed within the GDX ETF). This package delivers:
✔ Early Warning System – Charts Updated Weekly (Approximately Each Monday)
EWS Proprietary Reports for each stock represented in the ASX200
EWS Proprietary Reports for many of the global Gold Mining stocks represented within the GDX EFT (Approx 56)
✔ Foundational Market Insights & Training
EWS Update Videos and General Research Update Videos produced regularly (every fortnight dependent on market developments).
EWS training and guidance videos
Limited Phone/Email Access with a member of PCM Internal Team if necessary
Initial Onboarding: Where required for IT assistance
💡 EWS is a monitoring and contextual tool, its goal is to provide early insights into specific listed securities—EWS is not a decision-making system or financial advice.
Pricing:
📌 $60 USD / $99 AUD per quarter (recurring)
(Australian residents Inclusive of 10% GST)
Privacy policy
OUR COMMITMENT
It is recognised that privacy is very important to most people, and it is therefore appropriate to define how we deal with personal information.
It is intended that this Statement will address any potential concerns you may have about how personal information about you is collected, held, used, corrected, disclosed and transferred.
Our day-to-day roles involve utilising personal information provided by and about people. Personal Information in this context is generally information about or an opinion of a person whose identity is apparent or can reasonably be determined.
We are bound by the Australian Privacy Principles (APPs) set out in Australia’s Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988.
Our aim is to both support, and ensure that we comply with, the APPs that form the basis of laws introduced to strengthen privacy protection for the Australian public. The following information is a summary of our obligations under the APPs.
COLLECTION
In the course of our activities we collect and hold personal information such as clients attitudes, situations and need. We collect such information from client discussions and questionnaires.
The main purposes for collecting that personal information is to assess how the services we provide may best suit the people that the information relates to.
We only collect personal information
· That is necessary for one or more of our business functions and activities
· By lawful and fair means, without being unreasonably intrusive
· About you, from you.
Wherever it is lawful and practicable, we will give you the option of not identifying yourself or not providing personal information when entering transactions with us. However, failure to provide full and complete information requested may mean that we are unable to provide services to you fully and properly.
We will take reasonable steps to keep it accurate, complete and up-to-date.
SECURITY
We will take all reasonable steps to protect personal information from misuse and loss, and destroy or permanently de-identify personal information no longer needed.
USE AND DISCLOSURE
We will only use your personal information for the main purpose it was needed, except where you consent to us using that personal information for another purpose, where the other purpose is related to the main purpose, and you would reasonably expect us to use the personal information for that other purpose, it is permitted or required by law, or we reasonably believe it is necessary on health or public safety grounds to use the personal information for another purpose.
In order to fulfil the above we may provide access to third parties with whom we have a business relationship, for example those who maintain and update our database, or assist with mail-outs, etc.
Where practicable we will seek your consent before we use your personal information for any direct mailing - but tell us at any time if you do not wish to receive further direct marketing material.
Note: We do not release any information overseas.
ACCESS AND CORRECTION
If you request it we will tell you what personal information we hold about you and/or provide copies or a summary of relevant documents - whatever is most appropriate in the circumstances. (Any charge made for access will be reasonable.)
Please note that we are not required to provide access to personal information in various situations, for example where a request Is frivolous, or would pose a threat to health or public safety, unreasonably interfere with another
person’s privacy, or be a breach of the law. You will be advised of the reasons if access is refused.
We will take reasonable steps to correct data where you advise that the personal information is inaccurate.
IDENTIFIERS
We will not adopt any identifiers that you may provide, such as TFNs, Medicare numbers etc.
COMPLAINTS RESOLUTION
We are committed to providing people whose personal information we hold, a fair and responsible system for the handling of their complaints. So, if at any time you have any complaints in relation to privacy, please contact us at First Mutual Australia Pty Ltd, Unit 4, 134 Logis Boulevard, Dandenong South VIC 3175 or email office@firstmutual.com.au.
You may wish to take matters further by referring your concerns to the Office of the Federal Privacy Commissioner.