Legal Glossary

as of April 18, 2017

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.

Airport to Airport Service means a Service comprising International Air Carriage by a Haulier from a Pick-up Point at the airport of origin to a Delivery Point at the airport of destination.

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 (as defined in the Holidays Act 2003) in Auckland and Wellington.

CAA means the Civil Aviation Authority of New Zealand.

Capacity Offer means an offer to transport Cargo within the parameters specified in the offer.

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

Cargo Offer means an a Cargo Owner’s requirements for Services posted on the TNX Platform.

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

Cargo Owner Commission means the fee that the Cargo Owner will pay to TNX in respect of each Transport Contract to which it is a party, as mutually agreed.

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

Carrier Commission means the commission that the Carrier will pay to TNX in respect of each Transport Contract to which it is a party, as mutually agreed.

Carrier Fee means the amount payable by the Cargo Owner to the Carrier for completion of the Transport Contract.

COGA means the Carriage of Goods Act 1979, as amended or replaced from time to time.

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 Haulier or a Cargo Owner via the TNX Platform.

Customs means the New Zealand Customs Service established under section 5 of the Customs and Excise Act 1996.

Customs Clearance means, in respect of Cargo, completion of the processes and forms prescribed by Customs necessary to enter goods for export or import in accordance with the Customs and Excise Act 1996 and related regulations.

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.

GST mans the goods and services tax chargeable and levied under the GST Act.

GST Act means the Goods and Services Tax Act 1985.

IATA means the International Air Transport Association.

International Air Carriage means the carriage of Cargo between nation states performed by an aircraft for reward as defined in the Montreal Convention.

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 Capacity Offer specified by a Haulier 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 to and by TNX applicable to a User as selected by that User during the account opening process.

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.

Security Acknowledgement means a security acknowledgement required under CAA Rule Part 109 for Regulated Cargo Agents.

Statement of Content means a statement of content and supporting declaration required under CAA Rule 109 for Regulated Cargo Agents.

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 means TNX Limited, a company incorporated in New Zealand (company number 5879483).

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

TNX Fee Schedule means the schedule of fees payable by Users to TNX for use of the TNX Platform 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 Transport Terms means the general terms and conditions that apply to each Transport Contract as published on 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, being the Carrier Fee plus any additional charges and minus any deductions set out in the Claims Schedule.

Total Fee Invoice means the invoice for the Total Fee that TNX will issue on behalf of the Carrier under the User Terms.

Transport Contracts means the contracts entered into between Cargo Owners and Carrier for Services.

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.