Thank you for engaging my services! I look forward to getting the magick underway. 

As part of getting a professional and reputable service, and to make sure we are on the same page about what I offer, I have multiple terms of service agreements. 

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Please read the terms of service agreement below and sign it so that your spell or tarot reading can go ahead. I will receive a copy when you fill out the form. This lets me know you are ready for the spells to commence and know what to expect. Pay special attention to the Refunds, Client Responsibility, and Service Provider Code of Ethics sections. 

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All Clients need to sign the general terms of service agreement and read the Website Terms of Service.

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PLEASE ALSO SIGN:​

• Nature Divination Terms of Service - if you are getting a nature reading.

 

The terms of service for my Patreon membership can be accessed through the Patreon website. 

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If you have any questions, send me an email at rachaeltheomenwitch@gmail.com 

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ALL CLIENTS ARE TO READ AND SIGN

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GENERAL TERMS OF SERVICE AGREEMENT 

  

DISCLAIMER 

Rachael the Omen Witch (formerly known as Rachael the Love Witch) is not responsible for the misuse of her products, or their effectiveness, and sells items as curios only. All items are final sale. 

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Rachael the Omen Witch is not responsible for any of your actions undertaken as a result of her services. Her services are to be used as a guide only. 

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Rachael the Omen Witch does not offer services to those under the age of 18. If you have been dishonest about your age and under my age requirements, I retain the right to terminate your services. Any refund or credit will be given under the Terms of Service Agreement.

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BACKGROUND 

1. The Client is of the opinion that the Service Provider has the necessary, experience, qualifications, and abilities to provide services to the Client. 

2. The Service Provider is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

3. Rachael Nielsen will be referred to in this document as The service provider, The Omen Witch, Rachael, Rachael the Love Witch, formerly Rachael the Love Witch, and/or Rachael the Omen Witch. 

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SERVICES PROVIDED 

1. The Client agrees to engage the Service Provider for services. This may include:

• Any spell work, divination, consultations or other services provided by Rachael the Omen Witch.

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TERMS OF AGREEMENT 

1. The term of this Agreement will begin on the date the Client makes a full or partial payment towards a service. The Agreement will remain in full force (and indefinitely) until the service has been performed by the Omen Witch. 

2. In the event that either Party wishes to terminate this Agreement written notice will be required. 

   1. The Service Provider can terminate any service without the need for written notice if the Client is verbally abusive, or excessively rude (swearing, threatening, or making false claims of harm performed by the Service Provider).

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SERVICE PROVIDER RESPONSIBILITIES AND CODE OF ETHICS: 

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1. Rachael is a professional witch that offers esoteric healing services. All tarot readings, spells, and services associated with Rachael the Omen Witch are done in good faith and with the highest intentions.

2. Rachael does not perform any spells that go against a person's free will. 

3. Rachael the Omen Witch is a slow-consumption business, meaning that spells are all customised (unless specified otherwise) for the client, done with care, and not rushed. 

4. Only protection spells are considered an emergency and given propriety over other services. 

5. All services and advice are to be used as a guide only.

6. Rachael is indemnified and held harmless against any liability that may result from the work performed on the Client’s behalf.

7. She is not responsible for your actions as a result of her services, blog posts, or support sessions.

8. Rachael will do everything she can within the boundaries of the paid service to achieve your desired results (as consented to and agreed upon by both parties in written form).

9. She cannot be held responsible, at fault or liable if the client claims they didn’t get the exact desired outcome or result from her service.

   1. All spells provided are a calculated and skilled attempt to control the world through energy magic and create outcomes that best suit my client (while not causing undue harm to others). 

10. Rachael will perform all spells and services with sensitivity, and integrity, for the highest and with the Client’s goals and desires in mind.

11. All reasonable efforts will be made to fulfill your service to the best of Rachael’s abilities.

12. All reasonable efforts will be made to fulfill your services as outlined in the product descriptions, and via email discussion. 

13. The Service Provider is not obligated to provide further services, communication or labor to the Client beyond the end of their service. 

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CLIENT SERVICE INFORMATION AND RESPONSIBILITIES: 

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1. The Client agrees that they consented to the service entered into and paid for of their own will. 

2. The Client will, to the best of their ability, inform the Service Provider of any and all relevant material concerning their service. Deliberately withholding vital information or providing misleading information can mean the termination of the Client’s service. 

3. The Client, to the best of their ability, has some understanding of witchcraft and the spiritual nature of getting a service with the Love Witch. 

4. The Client understands that spellwork outcomes aren't guaranteed. The exact desired outcome can’t be guaranteed to occur even though the Service Provider will do their absolute best to create the outcome as described in service descriptions and mutually agreed-upon goals. 

5. The Client understands that outcomes predicted as part of tarot and divination sessions are not guaranteed, and can never be 100% accurate.

6. The Client may be offered advice on their situation or in relation to magic, divination, or their service but the Service Provider isn’t responsible for the Client’s actions as a result. 

7. The Client understands that spells are not a quick fix for complex issues. 

8. The Client understands that spellwork is not a substitute for medical help or therapy. 

9. The Client understands that they are responsible for their emotions and managing any anxiety they may feel throughout the service. Rachael can only offer limited resources to help with anxiety management. 

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CLIENT RESPONSIBILITIES PART 2:

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1. You, the Client, are encouraged to read the blog posts, FAQs, and resources provided on the Omen Witch website and blog that address the nature of spellcraft, how magic works, and what ethical love magic is. 
2. You are required to have a basic understanding of the nature of magic before contracting Rachael to do any spellwork for you. See the blog for information on spellwork. 
3. It is your responsibility to read and engage with the resources provided to you as part of your service and to engage with the required reading (booklet on supporting spell work). This is so that you can be empowered to support your spell and understand the limitations and power of magic. 

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PAYMENT AND CREDIT: 

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1. The Service Provider will charge the Client a set fee for their Services. 

2. Price estimates and quotes are not binding and can be changed by the Service Provider. 

3. Invoices submitted by the Service Provider to the Client are due 7 days from the date of issue unless a custom date has been set between the Service Prover and the Client. 

4. If a payment plan is made through Wix or another service, the Client agrees to pay the full amount of the invoice by the deadline given. 

5. The Service Provider can and will pursue debt recovery through a commercial debt-collecting agency if a payment plan is overdue by 14 days or more. And where no amended payment deadline has been mutually made and agreed upon in writing between the Service Provider and the Client. 

6. If there is a mistake on an invoice or incorrect payment has been made then the Client must provide evidence of the mistake to the Service Provider in writing so that an amendment or new agreement can mutually be made (and that fits with the terms of this Agreement). 

7. The Client’s service will begin once the invoice is paid in full, or a payment plan has been arranged. 

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SERVICE SCHEDULING:

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1. Once the Client pays in full or enters a payment plan their placement in Rachael’s schedule is secured.

2. The Client understands that all service schedules are estimated times only. Spells take 2-4 weeks approximately to complete. Tarot and divination take approximately 1-3 weeks to deliver from the date of purchase. 

   1. The Express tarot service add-on puts your reading to the front of the line. The Service Provider does her best to get your reading done asap, but with this add-on selected and paid for, it is understood you're looking to find answers quickly and/or your inquiry is especially time-sensitive.

3. The Service Provider reserves the right to reschedule the estimated or confirmed date of a Reading, support service, or spell, or to delay any of these services at any time. If the Service Provider needs to do this for example, for health reasons, because of a scheduling conflict or an unforeseen event they will notify the Client in writing. 

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REFUNDS + CREDITS

 

1. All refunds are at the discretion of the Service Provider. 

2. The Client understands that payment is made based on labour having been provided by the Service Provider, not on the outcome of a service. 

3. If the Client changes their mind about getting a spell or other service the client can either receive a credit towards an alternate service or a refund. 

4. If a service is paid for​ but the Service Agreement is not signed within 7 days of purchase, then your money will be refunded minus a $40 admin fee. And your service will not commence.  

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1. A refund can NOT be given in these circumstances: 

• Once the service is complete.

  • On the grounds that a spell manifested in a way that the Client is unhappy with or because the outcome did not match their intended goals or desires.

  • The service outcome didn’t fully match the product description.

  • The client doesn’t like the results, messages, or outcomes of a (divination) service.

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CHANGE OF MIND POLICY:

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If the Client would like a different spell or service once their payment has been made, they need to contact the Service Provider in writing. The Service Providers will strive to accommodate any reasonable request for a different service. 

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REFUNDS PART 2 -  CANCELLATIONS 

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1. The Client must notify the Service Provider in writing about their intent to cancel their service and have this written notice confirmed by the Service Provider for it to be valid. 

2. If the client cancels their service and the Service Provider has made no start on the Client’s service, the Service Provider will refund the client, minus a $40 administration fee. 

3. If a spell, tarot service or other service is started or underway and the client requests to cancel their service(s) the client will receive a refund on a short-rate cancellation basis. This is a pro-rata refund minus a $40 admin fee.  Example: 70% of the spell service is complete when the cancellation is accepted. The client is offered a refund equal to 30% of the initial payment for the service, minus an additional $40 admin fee. 

4. It is up to the Service Provider to decide how complete the service is deemed to be and how much the refund amount the client is entitled to based on how much of the work has been done. 

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REFUNDS PART 3

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1. The Service Provider reserves the right to cancel the Client’s service at any time if the client violates any of the Terms of Service agreements. 

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2. The Service Provider also reserves the right to cancel the Client’s service at any time and refuses a credit if the client is rude or abusive. This is as defined, but is not limited to: 

• Swearing at the service provider. 

• Making threats and name-calling. 

• Lying or deceitful behaviour. 

• Threats of physical violence or death threats. 

• Demands for services that don’t comply with the terms of this Terms of Service agreement. 

• Demands for a refund or credit that do not comply with this Terms of Service agreement. 

• False claims to have not understood or read any of the Terms of Service agreements. 

• Pursuing an invalid refund through banks or third parties.

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3. If part-way through a service a client is deemed rude or abusive to the Service Provider then the Service Provider can cancel the client’s services. They will be informed in writing of these changes, and how their professional relationship with Rachael the Omen Witch will come to a close.  In such a case any of the following can occur:

• The client’s service(s) will be cancelled by the Service Provider. 

• The spell or service will not continue to be worked on by the Service Provider. 

• The client will be offered a refund on a short rate refund basis if entitled to this. 

• The client can be removed from the Omen Witch newsletter.

• Be refuse any further services.

• Banned from accessing any of the Omen Witch social media. 

• Be blocked from any further communication via email and any other form of contact with the Love Witch

• Be refused any future services with the Love Witch. 

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GIFT CARDS:

1. Gift cards are valid for 12 months from the purchase date. They can be used for any service. 

2. There are no refunds offered for gift card purchases. All sales are final in this instance. 

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E-BOOKS + BOOKLETS:

1. E-books and booklets that are found to be faulty (unreadable, missing information, pages or sections) will be re-sent to you. All reasonable attempts will be made to repair the issues with the file and a working copy re-sent to you.  

2. Refunds or credits are not available for e-books and digital products as the product can’t be returned.  

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OWNERSHIP OF INTELLECTUAL PROPERTY:

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All intellectual property and related material that is developed or produced under this Agreement will be the property of the Service Provider. 

1. All photos, videos, and service information remain the intellectual property of Rachael the Omen witch and can't be published, copied or distributed without her written permission.

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CLIENT CONFIDENTIALITY: 

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1. Rachael the Omen Witch agrees that she will not disclose or divulge personal information which she has received from or about the Client, except as authorised by the Client or as required by law. These obligations will apply during the Term of the Service and will survive indefinitely upon termination of this Agreement. 

2. Your information (name/birth dates etc.) will be held by the Love Witch and her associated website (and site provider; WIX) and email provider as part of providing the Client with their service.

3. All emails, photos, data and written communications (via social media or any offline or online format) between yourself and Rachael the Omen Witch are confidential. Rachael will not share your data or information with any third party (electronically or otherwise) except in the situation of pursuing an indemnity case, debt collection or emergency services for the Service Provider or if someone is at risk of harm. 

4. If you have made a profile on www.rachaeltheomenwitch.com.au you can at any time request that your information (date of birth, name, email, address and phone numbers) be removed from the WIX website database. The Omen Witch retains the right to keep a record of her clients and keep client notes. 

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CONFIDENTIALITY & PRIVACY PART 2:

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1. Any communication (copies of emails and any written communication) between yourself and the Omen Witch are confidential and prohibited from being copied or posted online or distributed. Any such actions would be in violation of this contract and legal action could be pursued. 

2. The Love Witch retains the right to post photos of your spells or services, and speak in general terms about any given case or service provided for the purposes of advertising and education, but will not reveal any names, dates of birth, sensitive or telling details that invalidate your privacy. 

3. The Client is responsible for maintaining their desired level of privacy in relation to the Omen Witch, her website and associated business email, phone number and social media profile. Rachael is not responsible for keeping any business association unknown to the public. 

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SERVICE PROVIDER CONFIDENTIALITY & PRIVACY

 

1. The Omen Witch will do her utmost to be transparent about her processes and how witchcraft works. There are some parts of the Service Providers’s craft, and how she performs spells that are deeply personal and private though. It is at the Service Providers's discretion how much of her craft she shares with each client. 

2. You, the client, are not entitled as part of paying for her services, to know every part of her craft and every aspect of how she performs spells and divination. Rachael the Omen Witch may choose not to share any of the following aspects of her craft, such as (but is not limited to):

• The exact words written on petitions.

• How she honours the deities she works with (on your behalf). 

• Videos or photos of all her altars. 

• Video recordings of her in sacred space during trance work or while contacting guides and ancestors during spells or divination.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

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We do not warrant that the results that may be obtained from the use of the service will be wholly accurate or reliable. 

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You understand that from time to time we may remove the service for indefinite periods of time or cancel the service at any time as per the terms in the Terms of Service Agreement.  

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You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

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In no case shall Rachael the Omen Witch, our affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

  

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Rachael the Omen Witch (previously known as Rachael the Love Witch) and our affiliates, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party. 

 

SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

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ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

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These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

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Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

 

GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of Victoria. 

CHANGES THE TERMS OF SERVICE:

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. 

 

The term of this Agreement will begin on the date of payment and will remain in full force (and indefinitely) until the service(s) has been performed by Rachael the Omen Witch. 

 
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Questions about the Terms of Service Agreement should be sent to Rachael at: rachaeltheomenwitch@gmail.com

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The Terms of Service Agreement was last updated on the 23rd of February 2023.