PUBLIC OFFER for the provision of access to the “NObal” Service Almaty 22 September 2026
NObal LLP, BIN 260740021525, represented by Director Daulet Zhanbekuly, acting on the basis of the Charter, hereby publishes this Offer and invites an unlimited number of persons (hereinafter referred to as the “Partners”) to enter into an agreement on the terms and conditions set forth below.
This document constitutes a Public Offer (Article 395 of the Civil Code of the Republic of Kazakhstan) and a contract of adhesion (Article 389 of the Civil Code of the Republic of Kazakhstan), the terms of which have been established by the Service in a standard form and may be accepted by the Partner only by adhering to the proposed agreement in its entirety.
1. TERMS AND DEFINITIONS
The following terms are used in this Offer:
Acceptance of the Offer — full and unconditional acceptance of the Offer by performing the actions specified in Section 3 of the Offer;
Service / Platform — a software and hardware system comprising the “NObal” website and mobile application, which enables Users and Partners to interact in connection with the purchase and sale of Nobal packs;
NObal / Service Provider — NObal LLP, a legal entity providing access to the Service and acting as an information and technology intermediary between the Partner and the User;
Partner — a legal entity or individual entrepreneur engaged in the preparation and/or sale of food products (restaurant, café, bakery, store, canteen, or other food service or retail establishment) that has accepted the terms of this Offer and registered with the Service;
User — an individual who uses the Service to reserve and purchase Nobal packs from Partners;
Nobal pack — a set of food products assembled by the Partner from unsold but fit-for-consumption products and offered to Users through the Service at a discount. The exact contents of the pack are not disclosed in advance; the User is provided only with approximate information regarding its contents;
Listing / Offer — information posted by the Partner on the Service regarding a Nobal pack, including its price, quantity, pickup location and time, as well as minimum information regarding its contents;
Reservation / Order — an action performed by the User to select a Nobal pack through the Service;
Pickup Code — a unique identifier provided to the User after payment for an Order for the purpose of collecting the Nobal pack from the Partner;
Pickup — the moment when the Partner actually transfers the Nobal pack to the User upon presentation of the Pickup Code;
NObal Commission — remuneration payable to the Service Provider for providing access to the Service, amounting to 15% of the value of each successfully completed Order;
Offer — this document entitled “Offer for the Provision of Access to the NObal Service”, published on the Internet at: https://nobal.kz/.
The Offer may contain terms that are not defined in Section 1 of the Offer. In such case, such terms shall be interpreted in accordance with the text of the Offer. If the text of the Offer does not provide an unambiguous interpretation of a term, its interpretation shall be determined, firstly, in accordance with the legislation of the Republic of Kazakhstan, secondly, in accordance with the Service, and thereafter in accordance with generally accepted usage on the Internet.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The Service Provider shall provide the Partner with access to the Service for the purpose of posting Offers for the sale of Nobal packs, and the Partner shall pay for the Service Provider’s services in accordance with the procedure and on the terms set forth in this Offer.
2.2. The Service Provider is not a seller of food products and does not manufacture, store, transport, or sell food products. The purchase and sale agreement for a Nobal pack is entered into directly between the Partner and the User.
2.3. The Service Provider provides the Partner with:
- access to the personal account (MyStore) for managing Offers;
- the ability to post information about Nobal packs;
- functionality for reserving Nobal packs;
- informational and technical support.
3. REGISTRATION PROCEDURE AND ACCEPTANCE OF THE OFFER
3.1. Acceptance of this Offer shall mean the performance by the Partner of the following consecutive actions:
- completing the registration form on the Website or in the Application;
- providing complete and accurate information about the Partner, including its name, BIN/IIN, registered address, physical address, bank details, and contact details;
- clicking the button “I have read and accept the terms of the Offer” or another button with equivalent meaning.
3.2. From the moment of Acceptance, this Offer shall be deemed accepted and the Agreement between the Service Provider and the Partner shall be deemed concluded on the terms of this Offer. The Agreement shall be deemed concluded once the Partner has completed all actions required for Acceptance, while services relating to the posting of Offers shall commence after the Partner’s account has been activated by the Service Provider.
3.3. A person accepting the Offer on behalf of the Partner confirms that he or she possesses all necessary authority to act on behalf of the Partner.
4. RIGHTS AND OBLIGATIONS OF THE PARTNER
4.1. The Partner shall:
4.1.1. Provide only accurate, complete, and up-to-date information about itself and its activities.
4.1.2. Keep the information in its personal account up to date.
4.1.3. Post Offers only in relation to food products that are fit for consumption, safe, and compliant with the requirements of the Law “On Food Safety”.
4.1.4. Not manufacture food products specifically for the purpose of selling them through the Service. Nobal packs must be formed exclusively from unsold surplus products.
4.1.5. Ensure that the actual value of the contents of a Nobal pack corresponds to its stated approximate/regular value. The price of a Nobal pack for the User must be at least 30% (thirty percent) lower than the stated approximate/regular value of its contents. The price of a Nobal pack may not be changed after the Offer has been posted on the Service; however, the contents of the Nobal pack may be increased without increasing its price for the User.
4.1.6. Upon the User’s request, provide information regarding the composition, allergens, expiration dates, and storage conditions of products included in the Nobal pack.
4.1.7. Comply with all sanitary, food safety, and other applicable requirements of the legislation of the Republic of Kazakhstan.
4.1.8. Place or, where necessary, cancel Orders received through the Service.
4.1.9. Ensure that Nobal packs are provided to Users at the specified time and at the specified address. The minimum pickup window must be no less than 30 minutes.
4.1.10. At the Service Provider’s request, provide documents confirming information about the Partner and its activities.
4.1.11. If the Partner has several branches, each branch must be registered separately on the Platform.
4.2. The Partner has the right to:
4.2.1. Independently determine the quantity, price and pickup time of Nobal packs, subject to the requirements and restrictions established by this Offer.
4.2.2. Cancel an Order where there is an objective inability to fulfil it, including lack of products, technical problems, and similar circumstances, subject to mandatory notification of the User. Such cancellation must be made no later than 1 hour before the scheduled pickup time of the Nobal pack.
4.2.3. Cancel Orders that have not been reserved.
5. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
5.1. The Service Provider shall:
5.1.1. Provide the Partner with access to the Service in accordance with the terms of this Offer.
5.1.2. Ensure the technical ability to post Offers and receive reservations from Users.
5.1.3. Review requests and inquiries from Users and Partners in accordance with the established procedure.
5.2. The Service Provider has the right to:
5.2.1. Verify the Partner and the documents provided by the Partner prior to account activation, as well as conduct repeated verification at any time during the term of the Agreement.
5.2.2. Refuse registration of the Partner without providing reasons.
5.2.3. Temporarily suspend or completely terminate the Partner’s access to the Service in the following cases:
- violation by the Partner of the terms of this Offer;
- receipt of substantiated complaints from Users;
- suspicion of fraudulent activities;
- identification of food safety issues;
- failure to provide documents requested by the Service Provider;
- outstanding debt owed to the Service Provider.
5.2.4. Amend the terms of this Offer in accordance with the procedure established in Section 13.
5.2.5. Use the name, logo, photographs, and other information provided by the Partner for displaying the establishment on the Service and for promoting the Service under a non-exclusive, royalty-free licence valid for the term of the Agreement.
6. POSTING OF OFFERS AND PROCEDURE FOR HANDLING ORDERS
6.1. The Partner posts Offers through its personal account, specifying:
- the approximate contents of the Nobal pack, including product category, type of dishes, etc.;
- the number of available Nobal packs;
- the price of the Nobal pack for the User;
- the approximate/regular value of the contents;
- the place and time of pickup of the Nobal pack;
- a minimum pickup window of no less than 30 minutes.
6.2. The User selects an available Nobal pack through the Service and confirms the reservation. No advance payment is required for the reservation.
6.3. An Order shall be deemed automatically accepted by the Partner from the moment the User confirms the reservation. Separate manual confirmation of each Order by the Partner is not required. The number of available Nobal packs is automatically reduced in the Service.
6.4. After confirmation of the reservation, the User is assigned a digital Pickup Code (Order identifier), which is displayed in the Application.
6.5. Payment for the Nobal pack shall be made by the User directly to the Partner at the pickup location, either in cash or by payment card where the Partner has a POS terminal. In the case of cash payment, the Partner shall provide the User with a fiscal cash register receipt (sales receipt) in accordance with the legislation of the Republic of Kazakhstan.
6.6. The Partner shall provide the Nobal pack to the User at the specified time after presentation of the Pickup Code and payment.
6.7. Pickup of the Nobal pack shall be confirmed when the User slides the relevant slider in the Application all the way to the end, which must be done exclusively inside the establishment and in the presence of an employee of the Partner. This action is recorded in the Service and confirms the transfer of the goods to the User.
6.8. The Partner shall provide Nobal packs to Users without requiring them to wait in the general queue.
6.9. If the User has completed the slider action but has not actually collected the Nobal pack for reasons beyond the Partner’s control, the Partner may contact NObal Support to dispute the recorded pickup. The procedure for reviewing such requests shall be determined by the Service’s internal rules.
6.10. Since payment for a Nobal pack is made by the User directly to the Partner, the Partner shall, when accepting payments, use a cash register (KKM) with data recording and/or transmission functionality, or a KKM without data transmission functionality where permitted by the legislation of the Republic of Kazakhstan.
6.11. When accepting cash payments, the Partner shall issue the User a fiscal KKM receipt, either in paper or electronic form, for the entire amount paid. The fiscal receipt must contain the mandatory details established by the legislation of the Republic of Kazakhstan, including:
- the name of the taxpayer (Partner);
- the Partner’s IIN/BIN;
- the address of the point of sale;
- the factory and registration numbers of the KKM;
- the fiscal identifier;
- the name of the product in accordance with the National Catalogue of Goods (NCG);
- quantity, unit of measurement, price, and total transaction amount;
- information about the Fiscal Data Operator (FDO) and a barcode for verifying the authenticity of the receipt.
6.12. When accepting cashless payments using payment cards, the Partner shall provide the User with a document confirming payment, including a slip or POS terminal receipt, in accordance with the requirements of the legislation of the Republic of Kazakhstan.
6.13. The Service Provider shall not be liable for the Partner’s failure to comply with its obligation to issue a fiscal receipt. All risks associated with the Partner’s failure to comply with legislation governing the use of KKM shall be borne by the Partner.
6.14. If a User submits a complaint concerning the absence of a fiscal receipt, the Service Provider may request confirmation from the Partner that the receipt was issued and, where necessary, suspend the Partner’s access to the Service until the violation has been remedied.
7. FINANCIAL TERMS AND SETTLEMENT PROCEDURE
7.1. Payment for a Nobal pack shall be made by the User directly to the Partner. The Service Provider does not receive funds from Users and is not a party to the purchase and sale agreement between the Partner and the User.
7.2. The Service Provider provides the Partner with services relating to access to the Service. The Service Provider’s remuneration for such services shall amount to 15% (fifteen percent) of the value of each successfully completed Order.
7.2.1. As a temporary preferential condition, the Contractor shall not accrue or charge the Partner the NObal Commission for successfully completed Orders whose date of completion falls on or before November 30, 2026, inclusive. With respect to such Orders, the Partner shall be exempt from the obligation to pay the NObal Commission. Starting from December 1, 2026, the NObal Commission shall be accrued and payable at the rate specified in Clause 7.2 of this Offer.
7.3. A successfully completed Order means an Order for which the User has made payment to the Partner and received the Nobal pack in accordance with the established procedure under Clause 6.7 of the Offer.
7.4. The settlement period shall be one calendar month.
7.5. Each month, by the 1st (first) day of the month following the settlement period, the Service Provider shall send the Partner:
- an invoice for payment of the commission;
- a Certificate of Completed Works / Services Rendered;
- an electronic invoice, where required;
- other supporting documents.
7.6. Within 3 (three) calendar days from receipt of the documents specified in Clause 7.5, the Partner shall verify their correctness and accuracy and sign the Certificate of Completed Works or submit substantiated objections.
7.7. If the Partner does not submit substantiated objections within the period specified in Clause 7.6, the services shall be deemed accepted by the Partner in full.
7.8. The Partner shall pay the Service Provider’s commission no later than the 10th (tenth) day of the month following the settlement period by cashless transfer of funds to the Service Provider’s bank account.
7.9. If the commission is not paid within the period established under Clause 7.8, the Service Provider shall have the right to:
- charge a penalty of 0.1% (zero point one percent) of the outstanding amount for each day of delay, but no more than 10% (ten percent) of the outstanding amount;
- suspend the Partner’s access to the Service until the outstanding debt has been paid in full;
- recover the debt through court proceedings.
7.10. Amounts paid by Users to the Partner shall not be transferred to the Service Provider. The Service Provider does not perform settlements with the Partner in respect of sold Nobal packs.
7.11. The Service Provider shall not be liable for failure of the Partner to receive payment from a User. The risk of non-payment shall be borne by the Partner.
7.12. The Parties confirm that the relationship governed by this Section does not constitute a commission agreement, mandate agreement, or agency agreement within the meaning of the Civil Code. The Service Provider neither acquires nor disposes of the Partner’s goods and does not enter into any transactions on behalf of the Partner.
7.13. The Parties acknowledge that the Certificate of Completed Works (Services Rendered) (hereinafter referred to as the “AVR”, Appendix No. 1), sent by the Service Provider to the Partner in accordance with Clause 7.5 of the Offer, may be signed on behalf of the Service Provider using a facsimile reproduction of the signature (facsimile) of an authorised representative of the Service Provider. Such AVR shall have the same legal force as a document bearing a handwritten signature and shall constitute proper confirmation of the fact and scope of services rendered, as well as a basis for settlements between the Parties.
7.14. The Partner may not dispute an AVR signed by the Service Provider using a facsimile solely on the grounds that it does not contain a handwritten signature. The Partner may also sign the AVR using a facsimile, provided that the Partner has adopted the relevant internal decision authorising such use.
7.15. The Parties agree that the AVR under the Agreement shall be prepared, signed, and delivered exclusively in electronic form. A paper version of the AVR shall not be used under the Agreement.
8. PARTNER’S LIABILITY FOR PRODUCT QUALITY AND SAFETY
8.1. The Partner bears full responsibility for:
- the quality and safety of products included in Nobal packs;
- compliance of the products with the food safety requirements of the legislation of the Republic of Kazakhstan;
- product composition and the presence of allergens or other substances capable of causing allergic reactions;
- expiration dates and storage conditions of the products;
- correct labelling and provision of information about the products;
- compliance with sanitary and other applicable requirements.
8.2. The Partner shall immediately notify the Service Provider of:
- any product recall;
- identification of any problems or risks associated with products sold through the Service;
- loss of any licence or permit required for its activities.
8.3. In the circumstances specified in Clause 8.2, the Service Provider shall have the right to cancel all relevant Orders and notify Users.
9. REFUNDS AND RESOLUTION OF DISPUTES WITH USERS
9.1. Since a Nobal pack constitutes a food product, the User’s right to return goods of proper quality within 14 calendar days, as provided for under Article 14 of the Law “On Protection of Consumer Rights”, shall not apply. Return or exchange of food products shall be permitted exclusively in the circumstances provided for under paragraphs 1-1 and 2 of Article 30 of the Law of the Republic of Kazakhstan “On Protection of Consumer Rights”.
9.2. Grounds for refunding money to the User include:
- sale of a Nobal pack containing products whose expiration date has passed;
- discovery by the User of defects in products included in the Nobal pack, including spoiled products, inconsistency with the stated description, presence of foreign objects, etc.;
- inconsistency between the contents of the Nobal pack and the stated description, including a material difference or absence of products falling within the specified category;
- absence of the Nobal pack at the pickup location and time for reasons attributable to the Partner;
- cancellation of the Order by the Partner after confirmation of the reservation;
- other circumstances provided for by the Law “On Protection of Consumer Rights”.
A refund on the grounds specified in this Clause shall be made within 30 (thirty) calendar days from the date of purchase of the Nobal pack.
9.3. A User who discovers defects in a Nobal pack or other grounds for a refund shall:
- contact the Partner directly at the time of pickup of the Nobal pack where the defects are discovered upon pickup;
- or contact NObal Support within 24 (twenty-four) hours from the moment of pickup of the Nobal pack, attaching photographs confirming the defects and specifying the Order number.
9.4. The Service Provider accepts and registers Users’ requests relating to refunds. The Service Provider may request from the Partner information and documents necessary for reviewing the request. The Partner shall provide the requested information within 3 (three) business days from receipt of the request.
9.5. The Service Provider shall review the User’s request and make a decision based on the information received from the User and the Partner, as well as the data available through the Service. The Service Provider may:
- reject the User’s claim where there are no grounds for a refund;
- recognise the claim as justified and require the Partner to refund the User;
- refer the User directly to the Partner for resolution of the claim where the claim relates exclusively to the quality or composition of the products and may be resolved at the establishment.
9.6. Since payment for the Nobal pack was made by the User directly to the Partner, the refund shall be made by the Partner. The Service Provider does not issue refunds from its own funds.
9.7. Consequences for the Partner. If the User’s claim is recognised as justified, the Service Provider shall have the right to:
- exclude the value of the relevant Nobal pack from the commission calculation for the current settlement period, provided that the commission has not yet been charged;
- suspend the Partner’s access to the Service until the refund to the User has been confirmed;
- in the event of systematic substantiated claims, terminate cooperation with the Partner in accordance with Section 13 of the Offer.
9.8. The Partner shall refund the User within 3 (three) business days from the date on which it receives the Service Provider’s decision recognising the claim as justified, unless another period has been agreed with the User.
9.9. The Service Provider is not a party to the purchase and sale agreement for the Nobal pack and shall not be liable for the quality, safety, or other characteristics of the products. However, for the purpose of maintaining the quality of the Service, the Service Provider shall assist in resolving disputes in accordance with the procedure established in this Section.
9.10. If the User has completed the pickup slider action under Clause 6.7 of the Offer but has not actually collected the Nobal pack for reasons beyond the Partner’s control, no refund shall be made. The Partner may contact NObal Support to dispute the recorded pickup in accordance with the procedure established by the internal rules of the Service.
10. LIABILITY OF THE PARTIES
10.1. For breach of the terms of the Agreement, the Parties shall be liable in accordance with the applicable legislation of the Republic of Kazakhstan.
10.2. The Service Provider shall not be liable for:
- the quality, safety, or other characteristics of products sold by the Partner;
- performance by the Partner of its obligations towards Users;
- any indirect losses suffered by the Partner, including loss of profit.
10.3. The aggregate liability of the Service Provider under the Agreement shall be limited to the amount of the NObal Commission received from the Partner for the settlement period during which the breach occurred.
10.4. The Partner shall reimburse the Service Provider for all losses, including legal costs and fines imposed by government authorities, arising in connection with:
- violation by the Partner of food safety legislation;
- violation of the rights of third parties, including Users;
- provision of inaccurate information.
11. PERSONAL DATA PROCESSING AND CONFIDENTIALITY
11.1. The Service Provider is the operator of Users’ personal data. Users’ personal data shall not be transferred to the Partner without the User’s consent, except in cases provided for by law.
11.2. The Partner shall comply with the requirements of the legislation of the Republic of Kazakhstan concerning personal data with respect to the data of its employees and other persons.
11.3. The Parties shall maintain the confidentiality of information received in connection with performance of the Agreement.
12. DISPUTE RESOLUTION
12.1. All disputes and disagreements shall be resolved through negotiations.
12.2. The period for responding to a claim shall be 10 (ten) calendar days from the date of its receipt.
12.3. If the Parties fail to reach an agreement, the dispute shall be submitted to the court at the location of the Service Provider in accordance with the applicable legislation of the Republic of Kazakhstan.
12.4. Compliance with the pre-trial claims procedure shall be mandatory.
13. AMENDMENT OF THE TERMS OF THE OFFER AND TERM OF THE AGREEMENT
13.1. The Service Provider shall have the right to unilaterally amend the terms of this Offer.
13.2. Amendments shall enter into force from the moment a new version of the Offer is published on the Website and in the Application.
13.3. The Service Provider shall notify Partners of material amendments no less than 15 (fifteen) calendar days before the date on which such amendments enter into force.
13.4. The Agreement shall enter into force upon Acceptance of the Offer and shall remain in effect until terminated.
13.5. The Agreement may be terminated:
- by mutual agreement of the Parties;
- at the initiative of the Service Provider upon 5 business days’ notice (Clause 5.2.3);
- at the initiative of the Partner upon 15 calendar days’ notice.
14. FORCE MAJEURE
14.1. The Parties shall be released from liability for failure to perform or improper performance of their obligations under the Agreement if such failure results from force majeure circumstances arising after conclusion of the Agreement as a result of extraordinary events that the Parties could neither have foreseen nor prevented by reasonable measures.
14.2. Force majeure circumstances include natural disasters such as earthquakes, floods, and fires; military actions; epidemics; pandemics; strikes; actions of government authorities; changes in legislation resulting in the impossibility of performing obligations under the Agreement; and other circumstances that a Party could not have foreseen or prevented.
14.3. A Party that becomes unable to perform its obligations shall notify the other Party of the occurrence of force majeure circumstances within 5 (five) business days from the moment such circumstances arise.
14.4. The period for performance of obligations under the Agreement shall be extended proportionately to the period during which the force majeure circumstances remain in effect.
14.5. If force majeure circumstances continue for more than 30 (thirty) consecutive calendar days, either Party shall have the right to terminate the Agreement unilaterally by sending written notice to the other Party.
15. INTELLECTUAL PROPERTY
15.1. All rights to the Service, including software, design, content, trademarks, and other intellectual property, belong to the Service Provider.
15.2. For the term of the Agreement, the Partner grants the Service Provider a non-exclusive, royalty-free licence to use the Partner’s name, logo, photographs, product descriptions, and other information provided by the Partner for the purposes of displaying information about the Partner on the Service, promoting the Service, and advertising, throughout all countries of the world.
15.3. The Service Provider shall have the right to use materials provided by the Partner by any means, including reproduction, public display, making available to the public, adaptation, and incorporation into composite works.
15.4. The Partner guarantees that the materials provided by it do not infringe third-party intellectual property rights.
15.5. If third-party intellectual property rights are infringed in connection with the use of materials provided by the Partner, all associated risks and liability shall be borne by the Partner.
16. PENALTIES FOR VIOLATIONS BY THE PARTNER
16.1. In the event of an unjustified cancellation of an Order by the Partner less than 1 hour before the scheduled Pickup time, as well as failure to provide a Nobal pack to a User who arrives at the specified time due to the absence of a prepared pack, the Partner shall receive a warning.
16.2. In the event of systematic violations — more than 3 times within one calendar month — of the deadlines for confirming Orders or other terms of this Offer, the Service Provider shall have the right to terminate cooperation with the Partner or suspend the Partner’s activities on the Platform until the circumstances have been clarified.
17. PROCEDURE FOR REVIEWING USER CLAIMS
17.1. The Service Provider shall accept and register all User requests and claims relating to Orders placed through the Service.
17.2. The Service Provider may request from the Partner information and documents necessary for reviewing a User’s request. The Partner shall provide the requested information within 3 (three) business days from receipt of the request.
17.3. The Service Provider shall review the User’s request and make a decision based on information received from the User and the Partner, as well as data available through the Service.
17.4. The Service Provider shall have the right to:
- reject the User’s claim;
- refer the User directly to the Partner for resolution of the claim where the claim relates exclusively to the quality or composition of the products.
17.5. The Partner shall appoint a responsible person to interact with the Service Provider in connection with the handling of User claims and shall provide the Service Provider with the contact details of such person.
18. FINAL PROVISIONS
18.1. This Offer shall be governed by the legislation of the Republic of Kazakhstan.
18.2. All notices shall be sent by email or through the personal account.
18.3. If any provision of the Offer is declared invalid, this shall not affect the validity of the remaining provisions.
18.4. This Offer has been prepared in the Russian and Kazakh languages. In the event of any discrepancy, the Russian-language version shall prevail.
19. DETAILS OF THE SERVICE PROVIDER
- NObal LLP
- BIN: 260740021525
- Registered address: Republic of Kazakhstan, Almaty, Almaly District, 118 Zhambyl Street, Apt. 57, postal code 050012
- Physical address: Republic of Kazakhstan, Almaty, Almaly District, 118 Zhambyl Street, Apt. 57, postal code 050012
- IBAN: KZ56601A861090512211
- BIC: HSBKKZKX
- Bank: Halyk Bank of Kazakhstan JSC
- Telephone: +7 (706) 667-70-10
- Email: contact@nobal.kz