WEBSITE TERMS OF USE
UPDATED: 1st April 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.
These terms and conditions (“Terms Of Use”) govern your use of this website www.ontamo.com (“Website”). These Terms Of Use include, and incorporate by this reference, the policies and guidelines referenced below. Ontamo Entertainment Private Limited (“Ontamo”), the controller and operator of this Website, reserves the right to change or revise these Terms Of Use at any time by posting any changes or revisions on this Website. Ontamo will alert you that changes or revisions have been made by indicating on the top of these Terms Of Use the date they were last revised. The changed or revised Terms Of Use will be effective immediately after they are posted on this Website. Your use of this Website following the posting of changes or revisions in the Terms Of Use will constitute your acceptance of any such changes or revisions. Ontamo encourages you to review these Terms Of Use whenever you visit this Website to make sure that you understand the terms and conditions governing use of this Website. These Terms Of Use do not alter in any way the terms or conditions of any other written agreement you may have with Ontamo for other products or services. If you do not agree to these Terms Of Use (including any referenced policies or guidelines), please terminate your use of this Website immediately. If you would like to print these Terms Of Use, please click the print button on your browser toolbar.
By using this Website, you confirm that you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction (if different than eighteen (18) years of age). If you are under eighteen (18) years of age, you confirm that you have reviewed these Terms Of Use with your parent or legal guardian and that he or she agrees to these Terms Of Use on your behalf and takes full responsibility for your compliance with them.
By using this Website, you acknowledge that you have read and agree to be bound by the terms and conditions set forth in these Terms Of Use.
I. INTELLECTUAL PROPERTY RIGHTS
All text, graphics, images, illustrations, artwork, photographs, sounds, music, audio, video, games, logos, trademarks, user interfaces, visual interfaces, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content on this Website, remains the intellectual property of Ontamo or its licensors, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws in India and around the world. All such rights are reserved by Ontamo and its licensors. You may store, print and display the Content on this Website supplied solely for your own personal, non commercial use. You may not copy, reproduce, republish, upload, post, transmit, distribute, decompile, reverse engineer, create derivative works from or use in any manner or format, any of the Content on this Website or of copies of any such Content supplied to you nor may you use any of the Content on this Website in connection with any business or commercial enterprise without the express written permission of Ontamo or its licensors.
II. WEBSITE USE
Entertainment. The Content on this Website is offered for general information and entertainment purposes only. It must not be taken as advice, and you should always do your due diligence, including consulting an expert or professional, before forming any opinion, coming to any decision or taking any action based on the Content on this Website.
Accuracy. While Ontamo shall make every reasonable effort to update the Content on this Website, it does not make any representations, warranties or guarantees, whether express or implied, that the Content on this Website is accurate, complete or up to date.
Changes. Ontamo reserves the right to update, change or modify the Content on this Website at any time and at its sole discretion without providing any notice.
Suspension or Withdrawal. Ontamo does not guarantee that this Website or the Content on this Website will always be available or be uninterrupted. It reserves the right to suspend, withdraw or restrict the availability of all or any part of this Website at its sole discretion without providing any notice.
You are also responsible for ensuring that all persons who access this Website through your Internet connection are aware of these Terms Of Use and other applicable terms and conditions, and that they comply with them.
Posting. By posting, storing, or transmitting any information on this Website, you hereby grant Ontamo a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Ontamo does not have the ability to control the nature of the user-generated content offered through this Website. You are solely responsible for your interactions with other users of this Website and any content you post. Ontamo is not liable for any damage or harm resulting from any posts by or interactions between users. Ontamo reserves the right, but has no obligation, to monitor interactions between and among users of this Website and to remove any content Ontamo deems objectionable, at Ontamo’s sole discretion.
Unsolicited Submissions. Ontamo or any of its employees do not accept or consider unsolicited submissions of any kind. Ontamo shall discard or delete at its discretion any unsolicited submissions without reviewing them (or reviewing only to the extent necessary to determine their nature). Ontamo shall not treat any submissions received, unsolicited or otherwise, as confidential. If you do make a submission, unsolicited or otherwise, you agree that (1) Ontamo is not obligated to treat it as confidential; (2) no confidential or fiduciary relationship is intended or created between you and Ontamo; (3) Ontamo is not expected to review or consider the material in any manner or compensate you for it in any way; and (4) Ontamo shall not be liable for any use or disclosure of any such material.
Linking. You may link to this Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Prohibitions. You will not use this Website for any illegal purposes. You will NOT (1) commit or encourage a criminal offense; (2) transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; (3) attack this Website via a denial-of-service attack or a distributed denial-of-service attack; (4) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; (5) corrupt data; (6) interfere with or disrupt the use and enjoyment of this Website by other users; (7) infringe upon any other person’s proprietary rights; (8) defame, harass, abuse, or disrupt other users of this Website; and (9) engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication. Breaching this provision would constitute a criminal offense and Ontamo will report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use this Website will cease immediately.
You acknowledge and agree that you will abide by all applicable local, state, national, and international laws and regulations in your use of this Website (including laws regarding intellectual property).
Loss or Damage. Ontamo will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your accessing, copying, printing or downloading any Content from this Website, or on any website linked to it.
Control. This Website and the Content on this Website are offered to people residing in India. Ontamo makes no representations that the Content available on or through this Website is appropriate for use or available in other locations. If you are accessing or using this Website from other jurisdictions, you do so at your own risk and are solely responsible for complying with local laws. This Website may contain or provide links to Websites located outside India.
III. LINKS
Any links to third party websites from this Website are solely provided as a convenience to you. Ontamo does not operate or control third party websites or endorse the content on third party websites. Ontamo may not warn you that you have left this Website and are subject to the terms and conditions (including privacy policy) of third party websites when you click on any links in this Website. As such, Ontamo is not responsible for the content or practices of third party websites or for any damage that may result from your access to or reliance on third party websites even if these websites are operated by a company affiliated to or otherwise connected with Ontamo. If you link to any third party website from this Website, you do so at your own risk.
IV. PRIVACY
Ontamo strongly believes in protecting user privacy and does not sell ANY information it collects to third parties directly.
This Website uses Google Analytics and Google AdWords
This Website uses the Google Analytics and Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to this website. It could mean that Ontam advertises to previous visitors who haven’t completed a task on this Website, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third party vendors, including Google, use cookies to serve ads based on someone’s past visits to this Website. Any data collected will be used in accordance with Ontamo’s privacy policy and Google’s privacy policy.
You can set preferences for how Google advertises to you using the Google Ad Preferences page (https://www.google.com/settings/ads/onweb/), and if you want to you can opt out of interest-based advertising entirely by cookie settings (https://www.google.com/settings/ads/onweb/) or permanently using a browser plugin (https://tools.google.com/dlpage/gaoptout/).
Ontamo provides detailed information about how it handles your privacy within its Privacy Policy and about how it handle cookies and similar technologies within its Cookies Policy.
V. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR THE CONTENT ON THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE CONTENT ON THIS WEBSITE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONTAMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE OR THE CONTENT ON THIS WEBSITE, OR ANY RELIANCE UPON OR USE OF THIS WEBSITE OR THE CONTENT (“CONTENT” INCLUDES TRIAL CONTENT)ON THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONTAMO MAKES NO WARRANTY:
THAT THE CONTENT PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT ON THIS WEBSITE OR THAT ANY ERRORS IN THE CONTENT ON THIS WEBSITE WILL BE CORRECTED.
REGARDING ANY CONTENT ACCESSED, COPIED, PRINTED OR DOWNLOADED THROUGH THIS WEBSITE.
VI. LIMITATION OF LIABILITY
ONTAMO’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THIS WEBSITE AND THE CONTENT ON THIS WEBSITE AND/OR FOR ANY BREACH OF THESE TERMS OF USE IS SOLELY LIMITED TO RS. 5000/-.
UNDER NO CIRCUMSTANCES SHALL ONTAMO BE RESPONSIBE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED OR SUFFERED THAT IS CLAIMED TO HAVE RESULTED FROM THE USE OF THIS WEBSITE IN ANY MANNER, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, FAULT, COMPUTER VIRUS, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU ALSO AGREE THAT ONTAMO IS NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
VII. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Ontamo, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) these Terms Of Use or the breach of your warranties, representations and obligations under these Terms Of Use; (2) this Website or your use of this Website; (3) the Content on this Website or your use of the Content on this Website; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of these Terms Of Use; or (6) any information or data you supplied to Ontamo. When Ontamo is threatened with suit or sued by a third party, Ontamo may seek written assurances from you concerning your promise to indemnify Ontamo; your failure to provide such assurances may be considered by Ontamo to be a material breach of these Terms Of Use. Ontamo will have the right to participate in any defense by you of a third party claim related to your use of any of this Website or the Content on this Website, with counsel of Ontamo choice at its expense. Ontamo will reasonably cooperate in any defense by you of a third party claim at your request and expense. You will have sole responsibility to defend Ontamo against any claim, but you must receive Ontamo prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of these Terms Of Use or your use of this Website or the Content on this Website.
VIII. GENERAL
Force Majeure. Ontamo will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Ontamo may at any time, in its sole discretion and without advance notice to you, cease operation of this Website and distribution of the Content on this Website.
Entire Agreement. These Terms Of Use comprises the entire agreement between you and Ontamo and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Ontamo to exercise or enforce any right or provision of these Terms Of Use will not constitute a waiver of such right or provision. If any provision of these Terms Of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms Of Use remain in full force and effect.
Governing Law and Jurisdiction. This Website originates from Mumbai, Maharashtra, INDIA. These Terms Of Use will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Ontamo will commence or prosecute any suit, proceeding or claim to enforce the provisions of these Terms Of Use, to recover damages for breach of or default of these Terms Of Use, or otherwise arising under or by reason of these Terms Of Use, other than in courts located in Mumbai, Maharashtra, INDIA. By using this Website or accessing, copying, printing or downloading the Content on this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of these Terms Of Use. You hereby waive any right to trial by jury arising out of these Terms Of Use and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms Of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OF USE MUST BE ASSERTED INDIVIDUALLY.
Termination. Ontamo reserves the right to terminate your access to this Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of these Terms Of Use. Following termination, you will not be permitted to use this Website. If your access to this Website is terminated, Ontamo reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of this Website. These Terms Of Use will survive indefinitely unless and until Ontamo chooses, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE OR ACCESSING THE CONTENT ON THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE.
PRIVACY POLICY
UPDATED: 1st April 2019
We understand that your privacy is important to you. This Privacy Policy gives you more information about the ways in which we collect and use personal data when you visit www.ontamo.com (“Website”). By using our Website, you agree that you have carefully read and understood our Privacy Policy. If you do not accept or agree with this Privacy Policy, you must stop using our Website immediately. This Privacy Policy should be read in conjunction with the Website Terms found on our Website.
Applicability
This Privacy Policy is only applicable to the use of our Website.
Our Website may contain information directed to children, including young children. We do not intentionally collect or use data from children.
Our website may contain links to third party websites which are not subject to this Privacy Policy. We do not have any control over how your data is collected, stored, or used by any other websites.
Personal data
According to Article 4(1) of the General Data Protection Regulation (the ‘GDPR’), personal data is defined as ‘any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.’
For more information on personal data, please visit https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-personal-data_en
If you want to know what personal data we have about you, please send a request in writing to the email or postal addresses under Contact us below.
Your rights
The GDPR provides the following rights to individuals:
1. The right to be informed
2. The right to access
3. The right to rectification
4. The right to erasure
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling
It shall always be our endeavour to uphold these rights.
For more information on these rights, please visit https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules_en
If you want to exercise any of these rights, please send a request in writing to the email or postal addresses under Contact us below.
Data collected
This section details the personal and non-personal data we may collect about you.
1. Data submitted by you
We require you to submit data such as personal details, contact details, and work details through our Website (or email, social media etc.) when you contact us to enquire about or order our services or apply for jobs.
2. Data collected via cookies and similar tools
We use cookies (and similar technologies) across our Website to collect data about you. This data is used to monitor website performance, remember your preferences, gather usage information and statistics, measure the efficacy of marketing campaigns, and prevent fraud.
For more information on our Cookies Policy, please visit https://www.ontamo.com/cookies-policy/
3. Data collected from partners and public sources
We may collect data about you from our partners or from publicly available sources to enable us to better understand our audience and enhance the quality of our services.
Data usage
This section details how we may use the data collected about you.
1. To provide our services to you
2. To personalize and tailor our services for you
3. To communicate with you, including responding to emails or calls
4. To market our services to you with your permission and/or where permitted by law
5. To send you information by email and post that you have opted into
6. To analyze your use of our Website and gather feedback for improvement
7. To assess your candidature for employment
Data shared
This section details the limited circumstances in which we may share the data collected about you.
1. We may disclose your data to comply with applicable laws, court orders or other valid legal processes.
2. We may disclose your data to enforce or apply our Privacy Policy and Website Terms, protect our rights, and/or prevent harm to you or others.
3. We may disclose your data to carefully selected third-party vendors in order to provide services to you. The service providers are prohibited from using your data for any other purpose other than providing our services.
4. We may disclose your data to any entity that takes over or acquires our business.
We do not rent or sell data received or collected from you under any circumstances.
Data retention
This section details the duration for which we retain your data.
1. Any data received through our contact form is maintained for 7 years from the point of the most recent engagement.
2. Any data received as comments on our social media channels will remain for the life of the post.
3. At times, it is necessary for us to retain your personal data for longer periods such as when there is a statutory requirement or for legal reasons.
Contact us
If you have a query about our Privacy Policy or wish to discuss any matter pertaining to your personal data or to any of your rights, please use the following details:
Email: ontamo2019@gmail.com
Registered Address: Ontamo Entertainment Pvt. Ltd., #7, 1st Flr, 12 Bismillah Bldg, Ranade Rd, Dadar W, Mumbai 400028.
Changes to our Privacy Policy
Our Privacy Policy is subject to change from time to time. Any changes will be immediately posted on our Website. You will be deemed to have accepted the most recent version of this Privacy Policy on your first use of our Website following any amendments. We recommend that you keep checking this page on a regular basis.
COOKIES POLICY
UPDATED: 1st April 2019
1 Introduction
Our website, https://www.ontamo.com (hereinafter: “the website”) uses cookies and other related technologies (for convenience all technologies are referred to as “cookies”). Cookies are also placed by third parties we have engaged. In the document below we inform you about the use of cookies on our website.
2 What are cookies
A cookie is a small simple file that is sent along with pages of this website and stored by your browser on the hard drive of your computer or another device. The information stored therein may be returned to our servers or to the servers of the relevant third parties during a subsequent visit.
3 What are scripts?
A script is a piece of programme code that is used to make our website function properly and interactively. This code is executed on our server or on your device.
4 What is a webbeacon?
A web beacon (or a pixel tag) is a small, invisible piece of text or image on a website that is used to monitor traffic on a website. In order to do this, various data about you is stored using web beacons.
5 Consent
When you visit our website for the first time, we will show you a pop-up with an explanation about cookies. As soon as you click on “Got it”, you consent to us using all cookies and plug-ins as described in the pop-up and this cookie statement. You can disable the use of cookies via your browser, but please note that our website may no longer work properly.
6 Third parties
We have made agreements about the use of cookies with other companies that place cookies. However, we cannot guarantee that these third parties handle your personal data in a reliable or secure manner. Parties such as Google are to be considered as independent data controllers within the meaning of the General Data Protection Regulation. We recommend that you read the privacy statements of these companies.
7 Cookies
7.1 Technical or functional cookies
Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. By placing functional cookies, we make it easier for you to visit our website. This way, you do not need to repeatedly enter the same information when visiting our website and, for example, the items remain in your shopping cart until you have paid. We may place these cookies without your consent.
Because statistics are being tracked anonymously, no permission is asked to place analytical cookies.
7.2 Analytical cookies
We do not use analytical cookies on this website.
7.3 Advertising cookies
We do not use any advertising cookies on this website.
7.4 Social media buttons
On our website we do not use social media buttons to promote web pages or share them on social networks.
8 Placed cookies
9 Your rights with respect to personal data
You have the following rights with respect to your personal data:
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You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for.
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Right of access: You have the right to access your personal data that is known to us.
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Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish.
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If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted.
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Right to transfer your data: you have the right to request all your personal data from the controller and transfer it in its entirety to another controller.
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Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing.
To exercise these rights, please contact us. Please refer to the contact details at the bottom of this cookie statement. If you have a complaint about how we handle your data, we would like to hear from you, but you also have the right to submit a complaint to the supervisory authority (the Data Protection Authority).
10 Enabling/disabling and deleting cookies
You can use your internet browser to automatically or manually delete cookies. You can also specify that certain cookies may not be placed. Another option is to change the settings of your internet browser so that you receive a message each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser. Or you can indicate your preferences on the following page: www.youronlinechoices.eu.
Please note that our website may not work properly if all cookies are disabled. If you do delete the cookies in your browser, they will be placed again after your consent when you visit our websites again.
11 Contact details
For questions and/or comments about our cookie policy and this statement, please contact us by using the following contact details:
Email: ontamo2019@gmail.com
Registered Address: Ontamo Entertainment Pvt. Ltd., #7, 1st Flr, 12 Bismillah Bldg, Ranade Rd, Dadar W, Mumbai 400028.
12 Changes to our Cookies Policy
Our Cookies Policy is subject to change from time to time. Any changes will be immediately posted on our Website. You will be deemed to have accepted the most recent version of this Cookies Policy on your first use of our Website following any amendments. We recommend that you keep checking this page on a regular basis.