Legal Glossary

Last Updated June 07, 2021

Affected Party means a party affected by a Force Majeure Event.

Affected Party’s Failure means an Affected Party’s failure or delay in performing any obligation under a Transport Contract to the extent that that failure or delay is due to a Force Majeure Event.

Authorised Person means the person granted access to the TNX Platform upon the User’s nomination of that person having access.

Business Day means any day other than a Saturday, a Sunday, or a public holiday. For Users based in Europe or Russia, day of week and holidays are defined by Germany. For Users based in New Zealand, day of week and holidays are defined by Auckland. For Users based in the rest of the world, day of week and holidays are defined by Chicago, Illinois, USA.

Cargo means cargo specified in a Cargo Offer and a corresponding Match.

Cargo Offer means an a Cargo Owner’s requirements for Services shown on the TNX Platform to selected Carriers.

Cargo Owner means a person who is registered as a ‘Cargo Owner’ on the TNX Platform.

Carrier means a person who is registered as a ‘Carrier’ on the TNX Platform.

Collection Timeframe means the period in which the Carrier will collect the Cargo from the Pick-up Point.

Confirmation means confirmation that all Services under a Transport Contract have been completed, filed by a Carrier or a Cargo Owner via the TNX Platform.

Declared Value means the value of each unit of Cargo specified in a Cargo Offer (and the Transport Contract generated when that Cargo Offer is Matched).

Delivery Point means the location to which the Cargo will be delivered by the Carrier and received by or on behalf of the Cargo Owner.

Delivery Vehicle means the vehicle to be used to perform the Services.

Delivery Timeframe means the period in which the Carrier will deliver the Cargo to the Delivery Point.

Dispute Notice means a notice that the Carrier or Cargo Owner may lodge via the TNX Platform if the Cargo Offer is inaccurate or if Services are not performed in accordance with the terms of the Transport Contract.

Fees means the amounts payable by the User for use of the TNX Platform, calculated as mutually agreed.

Force Majeure Event means any of the following events:

(a) a strike, lockout, ban or other industrial disturbance (except those limited to the Affected Party's own staff or subcontractors);

(b) war or condition arising out of or attributable to a war, whether declared or undeclared;

(c) a blockade, insurrection, riot or health epidemic;

(d) an extreme weather event or natural disaster such as a landslide, earthquake, storm, flood, washout; or

(e) a fire, explosion not caused by the Affected Party's negligence.

Intellectual Property Rights means all intellectual property rights whether conferred by statute, at common law or in equity, including copyright in written material and software code, rights in relation to inventions, trade secrets and know how, rights in relation to designs, trademarks, business names and domain names.

Loading means the loading of the Cargo at the Pick-up Point.

Match means the matching of a Cargo Offer specified by a Cargo Owner with a corresponding Carrier to generate an order for Services in a form generated by the TNX Platform.

Montreal Convention means the Convention for the unification of certain rules relating to International Carriage by Air signed at Montreal, 28 May 1999.

Payment Terms means the terms of payment of fees applicable to a User as defined by the Cargo Owner and shown prior to the Carrier has accepted a Cargo Offer.

Pick-up Point means the location specified in a Match at which the Carrier will collect the Cargo.

Profile means a User’s profile on the TNX Platform.

Proof of Delivery means proof of delivery documentation, signed by an authorised recipient.

Services means the transportation of Cargo in accordance with a Transport Contract and ancillary services (if any).

TNX Account Opening Procedure means the procedure for opening a user account on the TNX Platform, as published on the TNX Platform.

TNX Dispute Procedure means the dispute procedure published on the TNX Platform.

TNX Platform means the web-based platform provided by TNX to offer the Services.

TNX Privacy Policy means any privacy policy published on the TNX Platform.

TNX Software means the any software comprised in or used by TNX to deliver the TNX Platform.

TNX User Terms means the terms and conditions governing each User’s use of the TNX Platform.

Total Fee means the total fee payable by the Cargo Owner to the Carrier.

Transport Contracts means the contracts entered into between Cargo Owners and Carrier for Services, as defined by the Cargo Owner and shown to Carrier prior to accepting the Cargo Offer

Transport Data means usage, aggregated or benchmarking data collected by TNX through the TNX Platform.

Unloading means the unloading of the Cargo at the Delivery Point.

User means any person who opens a user account with TNX or who otherwise accesses or uses the TNX Platform.

User Data means the data input into the TNX Platform by or on behalf of the User in the course of using the TNX Platform (including Cargo Offers or Services Offers).

User Document means each or all of the related schedules and policies uploaded to the TNX Platform, as the context indicates.‍

Serious about road procurement?

See what these leading companies have achieved.

View Our Case Studies