Agreement and Terms & Conditions

Agreement and Terms & Conditions

Head Office
Vijay Bomra
[RMG Software]
C-175, St.6, Setia Colony
Sri Ganganagar - 335001 (Raj.)
Cell : +91 94139-95885
email : [email protected]

Office Working Hours
Mon-Sat : 10:30 am to 6:30 pm (except national holidays)

Terms & Condition against use and development of Software / Apps / Website / other related online works/jobs/orders/services.:-

Thank you for selecting the Software(s) / App(s) / Website (referred to as products/services) offered by Vijay Bomra [RMG Software] and/or its subsidiaries and affiliates (referred to as "Vijay Bomra [RMG Software]", "I", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly.
This Agreement is a legal agreement between you and us. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms and conditions. If you do not agree to this Agreement, then you can't / may not use the Software / Apps / Services.

A. GENERAL TERMS
1. All subject to SRI GANGANAGAR JURISDICTION only.

2. Any furhter program upgrades / any changes in available option/facilities will be charged extra acording to work after two months from software Installation Date/Invoice Date whichever is first. So give all requirements in written before software development. (Local taxes extra).

3. No part of the ammended (billed) software/mobile apps/websites/any related contents, not to be piracy, copied, duplicated, distributed, rented, sublicensed, leased, decompile (reverse engineering) or reproduced by any means without written consent of Vijay Bomra. All software(s)/mobile apps/all related contents developed/designed by Vijay Bomra [RMG Software] under copyright act.

4. All programs / Software(s) / mobile apps is supplied directly in executable/useable form. You have to take backup Daily in Hard Disk and Removable Disk simultaneously. We are not responsible for any type of loss of your software data.

5. Neither Vijay Bomra not its employee/marketing agent/distributors/dealer/any type of authorised agent shall be held responsible for any loss or due to power/hardware failure or expenses incurred in the use of, repair to or servicing of the software.

6. Any ammendments/repair/service which you demand in written/mail, will be fullfill/deliver according to work order/requirement (minimum 10-15 days requires) from demand date and subject to availablity of staff and time. Software AMC will be charged annually / New FY Installation 40-100% of first invoice upto 2 visits / online support (approx. duration 1-2 hours as per visit sheet) and 10% increament of AMC Amount per year. All previous dues/balance have to clear for future transaction otherwise license (also free/evalution/shareware version) of software use will be automatically cancelled or in illegal use and will not provide any type of software service(s). I/We have no objection by sms or email sent by Vijay Bomra/Vijay Bomra. I/We have no objection to monitor and record my/our (end user/customer) calls for training and quality purposes including the possibility of using this as evidence.

7. Work will be start after receiving 50-100% advance amount of estimate/quoted amount. After receiving work order/request of software development/reinstallation/re-training/other related or website design or any computer work have to issue work order contract duly signed include visit records (mail) in favour of Vijay Bomra. After completion of Software/Website/ordered work, a work satisfaction certificate will be issue by customer within 15 days in favour of Vijay Bomra else it will assumed that ordered work/request is fully satisfied as per requirement. Software visits is 10-20 Hours / upto 20 visits annually except training according to billed amount after that will be charged extra. Advance will not be refund in any case after receiving order. Due to security reasons, have to update software 3-4 times in a year (offline/online). Undecided work/unclear policy's company/firm's work order will be done on daily basis as per no.of persons minimum @Rs.3000-5000 per day as per office working hours (TA-DA Extra @ day basis). Software installation charges and training charges as per agreement or will be charged extra as per requirement and time as per computer(s) and trainee person(s).

* SOFTWARE license is offered for one financial year (license/installation), after that re-installation/any related service software license required to be renewed on the basis of license renewal charges as per agreement. New versions of SOFTWARE in only available to CUSTOMER who pays license renewal charges before/on due date.
* Customization Charges will be extra as per requirments after development of software (as per agreement or mail).
* Our all softwares will be single user / PC / installation. Multy user / Networking environment will be charged as per requirements.
* Extra per user cost/company Rs.3500/- or as per software agreement / mail sent.
* Online support or visit for installation, training & implementation as per availability of staff or time. (as per agreement or mail)
* Online support after receiving request mail or message or call as per available staff and times.
* Visits charges Rs.1200 @hour (TA DA will be charged extra). Out of working hours service or calls charges Rs.1500/-.
* Training charges will be Rs.800 @hour or Rs.7000 @day Basis (TA DA will be charged extra).
* Our All Software's License fee & upgradation for 1 year or till New Financial Year Installation. After 1 year or new FY installation software license fee will be charge as per agreement or 40-100% of first invoice.
* Without paying software license fee any type of software support/service will not provide and software license automatically cancelled.
* User/Customer will provide latest computer(s), experienced hardware service provider and good & qualified staff/accountant/manager for opertaing of software provide by LICENSOR. Software's working and performance depends on staff, Networking and hardware.
**Free telephonic support/online assistance from local support service centres/customer care. (as per agreement or mail)

8. WEB / Online Works related design, service and development one time charge after approval / confirmation by email or sms by authorized id of customer. Annual AMC will not accept. Every/Each change or ammendments/service will be charged according to work. All matter which will be publish on website provide by customer on email/sms/CD. Customer will be responsible, in case of providing any copyright matter/material. Each visit at customer's location will be chargeable according to spent time and distance. All previous dues/balance have to clear for future transaction otherwise license/services of all software/domain/hosting /any type of service provided by RMG will be automatically cancelled. Domains & hosting ownership transfer to user after clearance certificate against Vijay Bomra’s invoice, dues or balance. Once site register / publish, advance will not be refund. Database related programming (source code) will not be given to customer. Data backup given to customer in text or compitable format. Please visit our services detail to see website design charges.

9. Android Mobile Apps related development, service and development one time charge after approval / confirmation by email or sms by authorized id of customer. Customer/User should take backup of offline version app's data, i/we or related staff not responsible for any type of loss or incurred expenses due to. Every/Each change or ammendments/service will be charged according to work. Customer will be responsible, in case of providing any copyright matter/material. All previous dues/balance have to clear for future transaction otherwise license/services of all apps/software/domain/hosting /any type of service provided by us will be automatically cancelled. Source Code will not given to customer in any case. Data backup (in case of online version) given to customer in text or compitable format. Please visit our services detail to see design charges.
If any customer make online payment to their service provider's account through app, in case of any dispute customer should contact their service provider, not developer, developer is not reponsible (like refund, any loss or any expenses incurred).

10. Out of station service or except 3 km from "Vijay Bomra (RMG Software)" Head Office, will be charged on @hour basis and Travelling Exp.+Daily Allowance extra.

11. All software(s) developed by "Vijay Bomra" under copyright act.

I/We always send software quotation and terms and condition to our customers by mail (electronically only) before finalizing software development and installation or new FY or software license renewal order.

Please make payment / order after read our terms & conditions and if you are completely satisfied and agree with our terms and conditions.
Terms and Conditions are subject to change without prior notice.
E.& O.E.

B. AGREEMENT

1. Agreement
This Agreement describes the terms governing your use of the software/app/online services provided to you, including content, updates and new releases, (collectively, the "Software/App/Services"). It includes by reference. Our Privacy Statement provided to you in our products available on the website or provided to you otherwise. Additional Terms and Conditions, which may include those from third parties. Any terms provided separately to you for our products, including product or program terms, ordering, activation, payment terms, etc.

2. Your Rights to use our products/services

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by us. We reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, we grants to you a personal, limited, nonexclusive, nontransferable right and license to use the our products/services.

2.2 On expiry of subscription or on expiry of trial period, you will not be able to access the Services. For continuation of use of Services, you need to renew subscription or contact us who will then provide a temporary license/access key to avail the products/services. This temporary license/access key is valid for 48 hours.

2.3 You agree not to use, nor permit any third party to use, the Products/Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not.

* Provide access to or give any part of the Products/Services to any unauthorized third party.
* Reproduce, modify, copy, deconstruct, sell, trade or resell the Products/Services.
* Make the Services available on any file-sharing or application hosting service.

3.a. Payment

For Services offered on a payment or subscription basis, the following terms apply, unless we or its vendor(s) notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Products/Services.

a. Payments will be billed to you by us and/or its vendor(s) in INR, U.S. Dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT and GST) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. You must pay with one of the following.
A valid credit card acceptable to us and/or its vendor(s);
A valid debit card acceptable to us and/or its vendor(s);
In countries where accepted by us, sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
By another payment option by us and/or its vendor(s) provides to you in writing.
c. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, I/We and/or its vendor(s) may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. I/We and/or its vendor(s) will automatically renew your monthly, quarterly, or annual Services at the current rates, unless the Products/Services are cancelled or terminated under this Agreement. f. Additional cancellation or renewal terms may be provided to you on the website for the Services.
g. All authorized refunds will be made in the original form of payment to us or its vendor(s).

3.b. Refund Policy

I/We have made a free trial period/demo/online presentation/mails as per products/service available in order to enable you to experience the product prior to purchase, and fully satisfy yourself as to its suitability for your business. During this period/demo and thereafter, all possible assistance is made available to you, including online training and technical support. However, if you are not satisfied with the products/services for any reason, there is no refund. We do not refund the amount that you have already paid as we are already offering a demo/online presentation/14 days trial period for you to evaluate the products/services.

4. Android/compatible Apps Use With Your Mobile Devices/PC

Use of these Products/Services may be available through a compatible PC/mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider.
I/We MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO.
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. YOUR PERSONAL INFORMATION

You can view our Privacy Statement provided with the Products/Services and on the website for the Products/Services. You agree to the applicable our Privacy Statement, and any changes published by us. You agree that I/We may use and maintain your data according to the our Privacy Statement, as part of the Products/Services. You give us permission to combine information you enter or upload for the Products/Services with that of other users of the Services and/or other our services. For example, this means that I/We may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. I/We are a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

6. CONTENT

6.1 You are responsible for your content. You are responsible for all materials ("Content") entered, uploaded, posted or stored through your use of the Products/Services. Archive your Content frequently. You grant us a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. I/We are not responsible for the Content or data you submit through the Services. You are agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to.
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
Except as permitted by us in writing or in any other unsolicited commercial communication or engage in spamming or flooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. I/We do not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which I/We are not responsible.
6.3 I/We may freely use feedback you provide. You agree that I/We may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
6.4 I/We may monitor your Content. I/We may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect ourselves or its customers, or operate the Services properly. I/We, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7. ADDITIONAL TERMS

7.1 I/We do not give professional advice. Unless specifically included with the Services, I/We are not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other our services. You may be offered other services, products, or promotions by us ("Our Products/Services"). Additional terms and conditions and fees may apply. With some our Products/Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant us permission to use information about your business and experience to help us to provide the our Services to you and to enhance the Services. You grant us permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant us permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 Communications. I/We may be required by law to send you communications about the Services or Third Party Products. You agree that I/We may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact us if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I/We, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. I/We/Our AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 I/We/Our, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. NOT WITH STANDING THE FOREGOING, NO PROVISION OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY THE APPLICABLE LAWS OF INDIA AND FOR THE AVOIDANCE OF DOUBT I/We DO NOT EXCLUDE LIABILITY FOR. (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY OTHER LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED BY CONTRACTUAL AGREEMENT OF THE PARTIES.

9. LIMITATION OF LIABILITY AND INDEMNITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF US, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, I/We/Our, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING. (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Our SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF I/We/Our AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold our and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). I/We reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.

10. CHANGES

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

11. TERMINATION

I/We may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect our's rights to any payments due to it. I/We may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

12. EXPORT RESTRICTIONS

You acknowledge that the Products/Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.

13. GOVERNING LAW AND JURISDICTION.

This Agreement will be governed by the laws of India, without regard to its conflicts of law principles. Not with standing the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of our's or its Suppliers' intellectual property rights may cause I/We/Us/our irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that I/We shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect our rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Sri Ganganagar, India and you agree that you will procure that any third party making a claim against us arising out of this Agreement shall bring such claim exclusively in the Indian courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
I/We do not represent that the Products/Services and/or content within the Products/Services is appropriate or available for use in all jurisdictions or countries. I/We prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

14. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and us and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of us. However, I/We may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by us or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact us via an email to [email protected]

15. SOCIAL MEDIA SITES. I/We may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

16. THIRD PARTY PRODUCTS AND SERVICES. I/We may tell you about third party products or services, including via the Service. I/We may offer products and services on behalf of third parties who are not affiliated with us ("Third Party Products") and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. I/We are not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with us in any way. You agree that the third parties, and not I/We/Our/Us, are solely responsible for the Third Party Product's performance (including technical support), the content on their websites and their use or disclosure of your data. I/We will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will
(i) comply with all applicable laws, regulation and ordinances;
(ii) not use the Third Party Products in any manner that would infringe or violate the rights of Book Keeper or any other party; and
(iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.