PLEASE READ CAREFULLY BEFORE ACCESSING THIS TOOL:
This Tool is made available to you in your function as an employee of CRH or of any affiliate company belonging to the CRH group. When you are not an employee of CRH or an affiliate company belonging to the CRH group you are only entitled to use this Tool on an as need basis and on the basis of a cooperation or confidentiality agreement that has been approved by a member of the Innovation team of CRH/iCSC.
These End-User Terms of Service ("Terms") are a legal agreement between CRH Group Procurement Services Ltd. ("us", "our", "we", or "CRH") and you, the person who directly uses the Ideas@CRH platform made available to you by CRH and developed and managed by Brightidea as licensor (the "Tool") under these Terms and the Brightidea T&Cs ("Documents"). We assign the right of use of the Tool to you on the basis of these Terms. We do not sell the Tool to you. We remain the sole licensee of the Tools at all times.
BY ACCEPTING THESE TERMS YOU AGREE TO THE TERMS OF THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, YOU MUST SEND AN EMAIL TO INNOVATION@CRH.COM AND YOU MAY NOT ACCESS THIS TOOL.
1. SCOPE OF TERMS
1.1 In consideration of you agreeing to abide by the terms of these Terms, we grant to you a non-exclusive, non-transferable right to use the Tool on the basis of these Terms.
1.2 You may login into the Ideas@CRH platform and use the Tool for CRH group internal business purposes only.
2. RESTRICTIONS
2.1 Except as expressly set out in these Terms or as permitted by any local law, you undertake:
(a) not to copy the Tool except where such copying is incidental to normal use of the Tool;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Tool;
(c) not to make alterations to, or modifications of, the whole or any part of the Tool, nor permit the Tool or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Tool nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Tool with another program approved by CRH, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Tool with another program approved by CRH;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any Tool which is substantially similar to the Tool;
(e) not to provide or otherwise make available the Tool in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(f) to comply with all applicable technology control or export laws and regulation.
2.2 When using the Tool you must, at all times, hold yourself to the highest standards of conduct so as to maintain CRH's reputation and the integrity of our business. You shall not be permitted to use the Tool to:
(a) store, access, transfer, download, upload, communicate or create any fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, libelous, slanderous, threatening, abusive, defamatory, or otherwise unlawful or inappropriate materials;
(b) download other similar software over the Internet;
(c) access Internet sites for gambling or any illegal activity;
(d) embarrass CRH executives, or to jeopardize CRH's reputation;
(e) download, store or transmit material that infringes any copyright, trademark or other proprietary right;
(f) post or transmit proprietary or confidential information related to clients, suppliers, vendors, allied parties, or other third parties in the absence of an NDA;
(g) post or store CRH business-related information shared on this Tool on public storage sites;
(h) download or distribute pirated software or data;
(i) deliberately propagate a virus, malware, or any other malicious program code;
(l) engage in activities for personal gain or a personal business, or for any commercial or business purposes other than CRH purposes;
(m) violate any applicable laws;
(n) use CRH resources in a manner that violates applicable laws, including without limitation, those laws relating to discrimination and harassment, privacy, financial disclosure, intellectual property and proprietary information, defamation and criminal laws.
2.3 You should immediately report any suspected unacceptable use of this Tool that you may notice to innovation@crh.com. Anyone who uses this Tool for any of these unacceptable uses will be subject to disciplinary measures in accordance with these Terms or applicable statutory law.
3. OBLIGATIONS OF CONFIDENTIALITY
3.1 Information contained on the platform of this Tool may contain sensitive and proprietary information of us or any affiliate of the CRH group including, without limitation, the content and results of projects, research data, product plans, products, product formulae, intellectual property, recipes, trade secrets, know-how, knowledge, copyrighted materials, technology services, equipment, customer data, market research data, software, inventions, innovations, processes, techniques, designs, drawings, hardware configuration information, marketing and finance information, prototypes, samples, data sets, proprietary information on plants and equipment, employee information, customer information, or other similar materials that would be considered confidential in nature ("Confidential Information"), whether or not designated as "confidential".
3.2 You are only allowed to access, use or disclose Confidential Information on an asneed basis and only for reasonable business purposes of CRH; in case of doubt you are required to obtain authority from your line manager.
Confidential Information shall not include disclosed information to the extent that you can demonstrate that such disclosed information
(a) at or after the time of disclosure is or becomes generally available to the public, through no wrongful act, fault or omission of you;
(b) is rightfully in your possession prior to the time of disclosure, and the intended use or disclosure by you will not violate any restriction on use or disclosure;
(c) is received by you from a bona fide third party that did not breach any obligation when disclosing such Confidential Information.
3.3 Whenever sending Confidential Information to third parties, or sharing it with them, you must ensure that such third party is bound by a confidentiality agreement that sufficiently protects the confidential character of the Confidential Information (in case of doubt you may seek guidance from your line-manager).
3.4 You acknowledge and accept that any sharing of Confidential Information may jeopardize possible claims or rights of us, or of affiliates of the CRH group, in particular with regard to potential later applications for registrations of rights (including patent rights, trade secret rights, mask work rights, trademark rights, copyrights, and all other intellectual and industrial property rights of any sort throughout the world).
3.5 You should immediately report any breach of above confidentiality obligations that you may notice to innovation@crh.com. Anyone who violates the obligations concerning the treatment of Confidential Information shared on this Tool will be subject to disciplinary measures in accordance with these Terms or applicable statutory law.
4. INTELLECTUAL PROPERTY RIGHTS
If you are a CRH employee, you acknowledge and agree that CRH shall own, and you shall (and hereby do) assign to CRH, all right, title and interest (including patent rights, copyrights, trade secret rights, mask work rights, trademark rights, and all other intellectual and industrial property rights of any sort throughout the world) relating to any and all inventions (whether or not patentable), works of authorship, mask works, designs, know-how, ideas and information authored, created, contributed to, made or conceived or reduced to practice, in whole or in part, by your use of the Tool or by uploading and sharing content on this Tool or by contributing to content uploaded by others on this Tool.
5. LIMITATION OF LIABILITY
5.1 You acknowledge that the Tool has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise.
5.2 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any special, indirect or consequential loss, damage, charges or expenses.
5.3 With your use of the Tool or access or upload of any content on this Tool you represent and warrant that you do not violate or infringe any applicable laws or rights of any third-party and you will indemnify CRH and hold us harmless from all claims in connection with a breach of the foregoing representations and warranties.
5.4 These Terms sets out the full extent of our obligations and liabilities in respect of the supply of the Tool. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Tool which might otherwise be implied into, or incorporated in, these Terms is excluded to the fullest extent permitted by law.
6. TERMINATION
6.1 Any rights resulting from these Terms for you will terminate immediately upon the termination of your employment with CRH or of any affiliate belonging to the CRH group.
We may terminate these Terms and the use of the Tool with immediate effect by written notice to you if you commit a material or persistent breach of these Terms.
During the course of an investigation into potential violations of these Terms, you agree and acknowledge that we have the right to conduct immediate electronic searches of your electronic accounts, to temporarily restrict of block your access to the platform as necessary to prevent further potential violations, and to pursue any claims resulting from your breach of these Terms.
6.2 On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must immediately cease all activities authorised by these Terms;
(c) you must immediately and permanently delete or remove the Tool from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Tool and any other documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
7. UPDATES
7.1 These Terms shall become effective on 1 January 2025 and shall, unless otherwise terminated in accordance with the provisions hereof, continue in effect for an indefinite term of years until the Tool will be discontinued, e.g. upon termination of the license agreement for the Tool between Brightidea and CRH.
7.2 We reserve the right to modify or otherwise update these Terms including reference to updated versions of the Brightidea T&C's. For the current version of these Terms, please visit this section. Your continued use of the Tool shall constitute your acceptance to the terms of these Terms, as varied. If you do not wish to accept the terms of the Terms (as varied) you must immediately stop using and accessing the Tool.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to supply you the Tool that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
8.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
(a) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
9. PERSONAL INFORMATION
9.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the Tool and for what purposes and those individuals' rights in relation to their personal data and how to exercise them. This information is provided in your local Employee Privacy Policy and our CRH Data Privacy Policy.
9.2 If you have any questions or comments about our processing of personal data, please send an email to dataprivacy@crh.com.
10. MISCELLANEOUS
10.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
10.2 You may only transfer your rights or your obligations under these Terms to another person if we agree via e-mail.
10.3 These Terms and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
10.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so via e-mail, and that will not mean that we will automatically waive any later default by you.
10.5 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish Law. We both irrevocably agree to the exclusive jurisdiction of the courts of Dublin, Ireland.


