Terms of Use

This document sets out the terms and conditions (“Terms”) on which you (“you” or “User”) may use the Prout web application available at www.prout.app (“Prout App” or “Platform”).

You must be 18 and above to use the Prout App.

By using the Prout App, you warrant that you are 18 and above, and you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Prout App.

We recommend that you print a copy of these Terms for future reference.

These Terms of Use refer to additional terms, which also apply to your use of the Prout App:

Our Privacy Notice: Privacy Policy

Definitions

“Content” means the content within Prout App, including but not limited to LGBQTIA+ resources, User Submissions, and Listings within the Critical Resource Directory;

“Critical Resource Directory” means a directory of Listings on Prout App for Critical Sector Services;

“Critical Sector Services” means critical sector services in the areas of: Legal, Housing, Healthcare, and Jobs;

“Listings” means a page created by a Service Provider, and hosted on Prout App, comprising of details related to Critical Sector Services that may be offered by the Service Provider;

“Platform” or “Prout App” means the web app accessible via www.prout.app and hosted by PROUT;

“Services” includes but is not limited to the offering of the Platform connecting Users to Listings;

“Service Provider” means a User who provides Critical Sector Services in a professional capacity, and who has chosen to create and upload a Listing;

“User” means a natural person who is a registered user of Prout App; and

“User Submissions” means reviews, ratings, feedback, images, third party links or other information created and/or posted by Users on Prout App.

Section A sets out general provisions that apply to all Users.

Section B sets out additional provisions that apply to Service Providers.

SECTION A: GENERAL PROVISIONS FOR ALL USERS

INFORMATION ABOUT PROUT AND PROUT APP
1. Prout App is owned, managed, operated and maintained by Prout Pte Ltd, (registration number: 201802647Z), and having its registered address at TAMPINES INDUSTRIAL PARK A, 9008 TAMPINES STREET 93, #04-59, Postal 528843 (“PROUT”).
2. Prout App is an online listing platform offering a Critical Resource Directory which allows Service Providers to create Listings for Users. Prout App also allows Users to search for Listings.
3. Users can create personal profiles (“Profiles”), and provide feedback on the Listings.
4. Prout shall be entitled at its own discretion to suspend the Prout App for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades to the Prout App. Prout shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension, delays, interruptions, or unavailability of the Prout App, including, but not limited to, preventing you from the Prout App or accessing the Listings.
5. Prout reserves the right to make any changes to the Prout App including any functionalities or Content, or to discontinue any aspect of the same without notice to you.
6. Prout App may be contacted by email at: [email protected].
GENERAL
1. Although we make reasonable efforts to update the information on the Platform, Prout makes no representations, warranties or guarantees, whether express or implied, that the details of the Service Providers and the Content on the Platform is accurate, complete or up to date. Your access to and use of any Content are at your own risk. You understand and agree that the Prout App is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Prout App disclaims all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
2. A waiver by Prout of any default shall not constitute a waiver of any subsequent default.
3. For the avoidance of doubt, references to “in writing” shall be deemed to include emails.
4. If any term, condition or provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
5. These Terms and any document expressly referred to in them represent the entire agreement between you and Prout in respect of your use of the Prout App.
6. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written, except as expressly set out in these Terms.
7. Prout reserves the right to amend these Terms from time to time.
8. These Terms are governed by and construed in accordance with the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction to settle any dispute or claims arising out of or in connection with these Terms.
WARRANTIES
1. By registering your details as a User, you warrant that:
  1. you are legally capable of entering into binding contracts;
  2. you are at least 18 years old;
  3. the information provided by you to Prout App is true, accurate and correct. You further warrant that you shall promptly notify Prout App in the event of any changes to such information; and
  4. you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms for the use of the Platform.
REGISTRATION
1. In order to create a profile, you must complete the registration form and set up an account as an Prout App User (“Account”).
2. Prout reserves the right to:
  1. accept or reject your application to register for any reason; and
  2. suspend your Account and/or refuse you access to the Prout App (partly or wholly) if we believe you have breached any of the provisions in these Terms.
USER OBLIGATIONS
1. You agree that you are solely responsible and liable for all activities carried out by your use of the Prout App, including, but not limited to, for the content of any communication made when using or about the Prout App.
2. You shall not upload to User Submissions whether within your personal Profile, when submitting a Listing or feedback anywhere in the Prout App, which in Prout’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
  1. promotes racism, bigotry, hatred, homophobia or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. displays pornographic or sexually explicit material;
  4. promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
  5. promotes any illegal activities;
  6. promotes or contains information that you know or believe to be inaccurate, false or misleading; or
  7. infringes any rights of any third party (including their intellectual property rights).
3. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Prout App . Prout may, at its sole discretion, choose to display or to remove any User Submission.
4. You hereby grant to Prout App a non-exclusive, perpetual, irrevocable, worldwide, licence to display on the Prout App, any User Submission or any part of the same and for Prout App to make the User Submissions available to other Users of the Prout App.
5. If you believe that any User Submission made by another User is incorrect or inappropriate, please report it using the Platform or contact Prout App using [email protected]. Prout App shall use its reasonable efforts to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all. If a User Submission is deemed to be in breach of these Terms, Prout reserves the right in its absolute discretion to suspend the account linked to the User Submission.
6. You further agree that at all times, you shall:
  1. not use your login details with the intent of impersonating another person;
  2. not share your login details with any other person, or allow them to use your login details or your account;
  3. not use the information presented on the Prout App for commercial purposes;
  4. not do anything likely to harass, cause harm or distress to other Users or Prout employee;
  5. not create multiple accounts or create a new account if you have previously been suspended and/or if you have been refused access to the Prout App for any reason;
  6. not infringe any rights of any third parties (including their intellectual property rights);
  7. comply with all instructions and policies from Prout App;
  8. cooperate with any reasonable security or other checks or requests for information made by Prout App from time to time; and
  9. use the information made available to you on Prout App and through the Listings at your own risk.
7. In the event that you have a dispute with any other User of the App, you hereby release Prout from any claims, demands, losses, expenses and damages (whether direct, indirect, actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute and Prout will have no liability or responsibility to resolve such dispute.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
1. You acknowledge and agree that the Listings and User Submissions are not attributed to Prout nor are they endorsed by Prout and, to the maximum extent permitted by law, Prout excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such Listings and User Submissions.
2. You acknowledge and agree that Prout is not responsible or liable for any adverse or unfavourable Listings or User Submissions.
3. Prout does not routinely monitor any User Submission, or other information made available to you through your use of the Platform. Prout does not warrant or guarantee the accuracy, correctness, reliability or suitability in respect of any User Submission, Service Provider, or Listings. If you intend to use and/or rely upon any User Submission, Service Provider Listing, or any other information made available to you through your use of the Platform, you do so at your own risk and liability. If Prout is made aware that a User Submission is incorrect, it may correct the User Submission as it sees fit.
4. To the maximum extent permitted by applicable law, the Prout App shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Prout App; (ii) any conduct or content including Content provided by any Service Provider or any other third party on the Prout App, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content obtained from another User, User Submissions, the Listings, or any Service Provider; or (iv) unauthorized access, use or alteration of your transmissions or Content. The limitations of this section shall apply to any liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Prout App has been informed of the possibility of any such damage.
5. Nothing in these Terms excludes or limits Prout’s liability for:
  1. death or personal injury caused by its negligence;
  2. fraud or fraudulent misrepresentation by Prout; or
  3. any other matter for which it would be illegal for Prout to exclude or attempt to exclude its liability.
6. Prout does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Prout therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings, including with regard to the Listings, with other Users.
INTELLECTUAL PROPERTY RIGHTS
1. Prout and its licensors own all the intellectual property rights in and relating to Prout App.
2. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us other Users a limited licence to use, store and copy that content and to distribute and make it available to third parties.
3. You are expressly prohibited from:
  1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of Prout App, except for the purposes of sharing content on social media platforms such as Instagram, Facebook, etc; and
  2. removing, modifying, altering or using any registered or unregistered trademarks/logos/designs owned by Prout App or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Prout App or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Prout App.
PRIVACY AND DATA PROTECTION
1. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
FORCE MAJEURE
1. Prout shall not be liable or responsible for any failure to perform, or delay in performance of any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Prout’s reasonable control and includes in particular (without limitation) strikes, lock-outs, other industrial action, civil war, riot, invasion, terrorist attacks, fire explosions, storm, floods, earthquakes, epidemic or other natural disaster, impossibility of use of public or private telecommunication networks, acts, decrees, legislations or restrictions of any government (including lockdowns).
3. Prout App’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Prout App shall have an extension of time for performance for the duration of that period. Prout App will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
COMPLAINTS
1. If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by sending Prout details of your complaint by emailing [email protected]. Prout will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to attempt to resolve or rectify the subject matter of such complaints.
TERMINATION
1. Prout may suspend or terminate your use of the Prout App at its entire discretion if:
  1. Prout believes you or someone using your login details has failed to comply with one or more of these Terms;
  2. Prout believes there has been fraudulent use, misuse or abuse of the Prout App;
  3. Prout believes you have provided any false, inaccurate or misleading information; or
  4. Prout believes that your use of the Prout App may cause harm or distress to other Users.
2. On termination, your access to the Prout App shall cease and Prout may delete your account.
3. We will notify you that your account has been terminated, banned or suspended, unless you repeatedly breach the Terms or we have legal or regulatory reasons preventing us from notifying you.
4. You may delete your account on the Prout App at any time. If you terminate your account, you may lose any information associated with your account, including your profile, any User Submissions and any related content.
INTERNET SECURITY
1. We do not guarantee that the Prout App will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Prout App, the server on which Prout App is stored or any server, computer or database connected Prout App. You must not attack Prout App via a denial-of-service attack or a distributed denial-of service attack.
LINKING TO PROUT APP
1. While you may link to the Prout App, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

SECTION B: SERVICE PROVIDERS

INTRODUCTION
1. If you are a Service Provider who wishes to submit a Listing in a professional capacity, you must first register and become a User of Prout App. Upon registration as a User, and upon successful verification of all details Prout may require, Prout may grant you the right to upload Listings.
SERVICE PROVIDERS
1. Service Providers may be granted the following rights:
  1. the facility to create a Profile page (including a photo);
  2. the ability to make Listings;
  3. the ability to post reviews and/or submit feedback about Listings; and
  4. any other features and functionalities provided by Prout from time to time
ADDITIONAL OBLIGATIONS AS A SERVICE PROVIDER
1. By choosing to be a Service Provider, in addition to the general obligations set out in section A of these Terms, you agree that all information submitted by you, must:
  1. be accurate, correct and up-to-date;
  2. not breach any applicable statutory or regulatory requirements,
  3. not commit an offence,
  4. not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations;
  5. not be obscene, defamatory or be in the reasonable view of Prout deemed to be offensive and/or inappropriate; and
2. In creating a Listing you must:
  1. at all times keep all information secure and accurate;
  2. ensure your use of the Listings is personal to you;
  3. have obtained the permission of your employer if you are representing and including details of your company in a Listing; and
  4. immediately notify Prout App in the event you have any reason to believe or suspect that a Listing has breached any of the Terms.
3. You further acknowledge and agree that Prout may, at its sole discretion, immediately remove your account and/or Listing from the Prout App for any reason whatsoever at its absolute discretion.
ADDITIONAL EXCLUSION OF WARRANTIES
1. You acknowledge and agree that Prout only provides you with the facility to create Listings. Prout does not warrant, represent or guarantee that you will achieve any specific results.
2. Your use and reliance on any information on the Prout App shall be at your own risk and Prout App shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance on such information. You undertake to conduct your own research and ensure that you comply with the requirements, laws and regulations applicable to you. Prout shall not be liable to you for any failure by you to comply with any relevant laws, requirements and regulations that may apply to you in the use of the Prout App.
3. You further agree that Prout App does not vet or verify the identity of the Users. Prout does not warrant or guarantee the completeness, accuracy, correctness or identity of any User of the Prout App.
4. You further acknowledge that Prout has no control of and therefore has no liability whatsoever in respect of the quality of the Listings.
5. Prout’s primary function is to connect Users to Listings created by Service Providers. You, as a Service Provider, shall hereby indemnify Prout in full and on demand against all losses, damages, costs, claims and expenses that Prout incurs in connection with any of your dealings with Listings, including losses and damages incurred by Prout in respect of any third party infringements, negligence or omissions applicable to any Listings shared by you via the Prout App.
INTELLECTUAL PROPERTY RIGHTS
1. In addition to the general intellectual property provisions set out in these Terms, the following additional terms and conditions apply to Service Providers:
2. You warrant that:
  1. you are the legal owner or valid licensor of all of the intellectual property rights in and relating to the photographs, images and copy that you provide or upload to Listings;
  2. our use of your intellectual property rights will not infringe any intellectual property rights owned by any third party, and there is and will be no claim against us by any third party arising in relation to the use of such intellectual property rights; and
  3. Listings created by you are not fakes, trolls or inaccurate information.
3. You permit us to access and use any Content including photos, that appear on your Listing, in connection with Prout’s business.
4. You hereby grant to Prout App a non-exclusive, perpetual, irrevocable, worldwide, licence to display on the Prout App, any Listing or any part of the same and for Prout App to make the Listings available to other Users of the Prout App.
5. You shall indemnify us in full for any and all damages, liabilities, costs, expenses and/or losses resulting from any breach of this clause 18 in respect of any claim that the normal operation, possession or use of those intellectual property rights by us infringes a third party’s intellectual property rights.